LIBRAET  OF   COIsTGEESS 

COPYRIGHT    OFFICE 


COPYRiaHT  m  ENGLAND 

ACT  1  AND  2  GEO.  5.  CH.  46 


AN  ACT  TO  AMEND  AND  CONSOLIDATE 

THE    LAW  RELATING    TO  COPYRIGHT, 

PASSED  DECEMBER  16,  1911 


INDEXED  PRINT 


COPYRI&KT    OFFICE 

Bulletin  No.  16 


GOV|:^KMENT  PRIXUING  OFFICE 
U12 


PUBLICATIONS  OF  THE  COPYRIGHT  OFFICE. 


The  following  5  bulletins  and  circulars  have  been  issued  by  the  Copyright  Office 
and  may  be  had  free  on  request  to  the  Register  of  Copyrights,  Library  op  Con- 
gress, Washington,  D.  C: 
Bulletin  No.  14.  ' 

The  Copyright  Law  of  the  United  States  of  America,  being  the 'Act  of  March 
4,  1909  (in  force  July  1,  1909),  together  with  Rules  for  Practice  and  Procedure 
under  Section  25,  by  the  Supreme  Court  of  the  United  States,  iii,  45  pp.  8°. 
1912. 

Bulletin  No.  15. 

Rules  and  Regulations  for  the  registration  of  claims  t<>  ropvrifrlit.     27  pp.     8°. 
1910. 
Bulletin  No.  16. 

Copyright  in  England.     Act  1  and  2  Geo.  5.  ch.  46.     An  Act  to  amend  and 
consolidate  the  law  relating  to  copyright,  passed  December  16,  1911.     54  pp.  8°. 
1912. 
Inform.'VTion  Circular  No.  4. 

International  Copyright  Convention.     Berne,  1886,  and  Amendments  agreed 
to  at  Paris,  1896.     15,  pp.     4°. 
Information  Circular,  No.  4  A. 

International  Copyright  Convention.     Revised  text,  Berlin,  1908.     12  pp.    4°. 


The  following  publications  were  issued  in  limited  editions,  but  may  be  had  (so 
far  as  any  are  still  available)  from  the  Superintendent  op  Documents,  Washing- 
ton, D.  C.,  upon  pajonent  of  the  nominal  price  given,  whicli  inchides  postage. 

Postal  money  orders  or  drafts  should  be  made  payable  and  addressed  to  the  Super- 
intendent OP  Documents.     Stamps  and  uncertified  checks  are  not  accepted. 

Bulletin  No.  3.     Paper,  15c.;  cloth,  35c. 

Copyright  Enactments  of  the  United  States,  1783-1906.     2d  ed.,  rev.     174  pp. 
8°.     1906. 
Bulletin  No.  6.    Paper,  10c. 

Copyright  in  Canada  and  Newfoundland.     1-|-126  pp.     8°.     1903. 
Bulletin  No.  7.     Paper,  5c. 

Foreign  Copyright  Laws.    A  list  of  foreign  copyright  laws  now  in  force,  with 
citations  of  printed  texts  and  translations,  etc.     86  pp.     8°.     1904. 
Bulletin  No.  8.    Cloth,  65c. 

Copyright  in  Congress,  1789-1904.     A  bibliography,  and  chronological  record  of 
all  proceedings  in  Congress  in  relation  to  copyright.     468  pp.     8°.     1905. 
Bulletin  No.  9.     Paper,  5c. 

The  Provisions  of  the  United  States  Copyright  Laws  with  a  summary  of  some 
parallel  pnn'isions  of  the  copyright  laws  of  foreign  countries.     51  pp.     4°.     1905. 
Bulletin  No.  11.     Paper,  10c. 

Copyright  in  Japan.     Law  of  March  3,  1899,  and  copyright  convention  between 
the  tJnited  States  and  Japan.  May  10,  1906,  together  with  the  text  of  earlier  enact- 
ments.    v-f50pp.     8°.     1906. 
Bulletin  No.  12.     Paper,  15c. 

The  Copyright  bill  (S.  6330;  H.  R.  19853)  compared  with  copyright  8tatute«  now 
in  force  and  earlier  copyright  enactments.     86  pp.    4°.     1906. 
Bulletin  No.  13.     Paper,  10c. 

International  Copyright  Union.     Berne  convention,  1886;  Paris  convention, 
1896;  Berlin  convention,  1908.     Report  of  [Thorvald  Solberg]  the  delegate  of  the 
United  States  to  the  International  conference  for  the  revision  of  the  Berne  Copy- 
right Convention,  held  at  Berlin,  Germany,  October  14  to  November  14.  1908. 
69  pp.    4°.     1908. 
Report  on  Copyright  Legislation,  by  the  Register  of  Copyrights,  with  list  of  United 
States  copyright  laws.  Revised  Statutes  relating  to  copyrights,  with  subsequent 
enactments,  and  list  of  foreign  copyright  laws.     159  pp.     8°.     1904.     Cloth,  30c-. 
Note. — Bulletins  Nos.  1,  2,  4,  and  5  have  been  superseded;  Bulletin  No.  10  is 
exhausted. 


LIBRARY  OF   COISTGRESS 

COPYRIGHIT    OFFICE 


LoYx^on,   S+^V.o^e-Ts'  {lomp^*^^-    Cof^r.'^    O-ff' 

iCOPYRiaHT  IN  ENGLANIJ. 

ACT  1  AND  2  GEO.  5.  CH.  46 


AN  ACT  TO  AMEND  AND  'CONSOLIDATE 

THE    LAW  RELATING    TO   COPYRIGHT, 

PASSED  DECEMBER  16,  1911 


CQ. 


INDEXED  PRINT 


COPYRia-HT    OFFICE 

Bulletin  No.  l  6 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1912 


AV< 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/copyrightinenglaOOstatiala 


CONTENTS. 


Page. 

Prefatory  note 5 

Copyright  act,  1911 :  1  and  2  Geo.  5,  chap.  46 7 

Addenda — ^Previous  Copyright  Acts  not  Repealed. 

i 

Fine  Arts  Copyright  Act,  1862:  25  and  26  Vict.,  chap.  68,  sees.  7  and  8 37 

Customs  Consolidation  Act,  1876:  39  and  40  Vict.,  chap.  36,  sec.  42 39 

Musical  (Summary  Proceedings)  Copyright  Act,  1902:  2  Edw.  7,  chap.  15 40 

Musical  Copyright  Act,  1906:  6  Edw.  7,  chap.  36 41 

Index 45 

3 


PREFATORY  NOTE. 


The  new  copyright  act  of  Great  Britain  was  passed  on  December 
16,  1911.  It  is  a  most  important  piece  of  copyright  legislation  and 
has  been  awaited  with  eager  and  widespread  interest. 

It  is  to  come  into  operation  in  the  United  Kingdom  on  July  1, 
1912,  or  on  such  earlier  date  as  may  be  fixed  by  Order  in  Council. 
The  act  will  also  come  into  effect  in  the  case  of  the  British  posses- 
sions by  action  of  the  legislative  body  or  a  governor's  proclamation. 

As  addenda  have  been  added  such  previous  copyright  statutes  as 
are  not  repealed  by  the  new  act. 

Thorvald  Solberg, 
Register  of  Copyrights. 

April  22,  1912. 


COPYRIGHT  ACT,  191 1 

[1  and  2     Geo.  5.     Ch;  46.] 


ARRANGEMENT  OF  SECTIONS. 

PARTI. 
IMPERIAL   COPYRIGHT. 

RIGHTS. 

Section. 

1.  Copyright. 

2.  Infringement  of  copyrights 

3.  Term  of  copyright. 

4.  Compulsory  licences. 

5.  Ownership  of  copyright,  &c. 

CIVIL   REMEDIES. 

6.  Civil  remedies  for  infringement  of  copyright. 

7.  Rights  of  owner  against  persons  possessing  or  dealing  with  infringing  copies,  &c. 

8.  Exemption  of  iimocent  infringer  from  liability  to  pay  damages,  &c. 

9.  Restriction  on  remedies  in  the  case  of  architecture. 

10.  Limitation  of  actions. 

SUMMARY   REMEDIES. 

11.  Penalties  for  dealing  with  infringing  copies,  &c. 

12.  Appeals  to  quarter  sessions.  * 

13.  Extent  of  provisions  as  to  summary  remedies. 

IMPORTATION   OP  COPIES. 

14.  Importation  of  copies. 

DELIVERY   OP   BOOKS   TO   LIBRARIES. 

15.  Delivery  of  copies  to  British  Museum  and  other  libraries. 

SPECIAL   PROVISIONS   AS   TO   CERTAIN    WORKS. 

16.  Works  of  joint  authors. 

17.  Posthumous  works. 

18.  Provisions  as  to  Government  pubUcations. 

19.  Provisions  as  to  mechanical  instruments. 

20.  Provision  as  to  political  speeches. 

21.  Provisions  as  to  photographs. 

22.  Provisions  as  to  designs  registrable  under  7  Edw.  7.  c.  29. 

23.  Works  of  foreign  authors  first  published  in  parts  of  His  Majesty's  dominions  to 

which  Act  extends. 

24.  Existing  works. 

7 


8  COPYRIGHT   IN   ENGLAND. 

APPLICATION   TO   BRITISH   POSSESSIONS. 

Section. 

25.  Application  of  Act  to  British  Dominions. 

26.  Legislative  powers  of  self-governing  Dominions. 

27.  Power  of  Legislatures  of  British  possessions  to  pass  supplemental  legislation. 

28.  Application  to  protectorates. 

PART  II. 

INTERNATIONAL   COPYRIGHT. 

29.  Power  to  extend  act  to  foreign  works. 

30.  Application  of  Part  II.  to  British  possessions. 

PART  III. 
SUPPLEMENTAL    PROVISIONS. 

31.  Abrogation  of  common  law  rights. 

32.  Provisions  as  to  Orders  in  Council. 

33.  Saving  of  university  copyright. 

34.  Saving  of  compensation  to  certain  libraries. 

35.  Interpretation. 

36.  Repeal. 

37.  Short  title  and  commencement. 
Schedules. 


1  &  2  Geo.  5.     Ch.  46. 

COPYRIGHT  ACT,  1911. 


CHAPTER  46. 


AN  ACT  to  amend  and  consolidate  the  Law  relating  to  Copyright." 
5  [16th  December  1911.] 

Be  it  enacted  by  the  King^s  most  Excellent  Majesty,  hy 
and  with  the  advice  and  consent  of  the  Lords  Spiritual  and 
Temporal,  and  Commons,  in  this  present  Parliament 
assemhled,  and  hy  the  authority  of  the  same,  as  follows: 


10 


Part  I. 
BIPERIAL  COPYRIGHT. 


RIGHTS. 

1.   (1)  Subject  to  the  provisions  of  this  Act,  copyright 
shall   subsist    throughout    the    parts   of   His   Majesty's 
15  dominions  to  which  this  Act  extends  for  the  term  herein- 
after   mentioned    in    every    original    literary    dramatic 
musical  and  artistic  work,  if — 

(a)  in  the  case  of  a  published  work,  the  work  was  first 
published  within  such  parts  of  His  Majesty's 
20  dominions  as  aforesaid;  and 

(&)  in  the  case  of  an  unpublished  work,  the  author  was 

at  the  date  of  the  making  of  the  work  a  British 

subject  or  resident  within  such  parts  of  His 

Majesty's  dominions  as  aforesaid; 

25  but  in  no  other  works,  except  so  far  as  the  protection 

conferred  by  tliis  Act  is  extended  by  Orders  in  Council 

thereunder  relating  to  self-governing  dominions  to  which 

this  Act  does  not  extend  and  to  foreign  countries. 

(2)  For  the  purposes  of  tliis  Act,  "copyright"  means 

30  the  sole  right  to  produce  or  reproduce  the  work  or  any 

substantial  part  thereof  in  any  material  form  whatsoever, 

to  perform,  or  in  the  case  of  a  lecture  to  deliver,  the  work 

or  any  substantial  part  thereof  in  pubhc;  if  the  work  is 

39703°— 12 2  9 


Copyright 
secured. 


Copyright 
defined. 


10 


COPYRIGHT   IN    ENGLAND. 


Publication 
defined. 


Infringement 
of  copyright. 


Acts  which 
do  not  Infringe 
copyright. 


unpublished,  to  publish  the  work  or  any  substantial  part 
thereof;  and  shall  include  the  sole  right, — 

(a)  to  produce,   reproduce,   perform,   or  publish  any 

translation  of  the  work; 
(&)  in  the  case  of  a  dramatic  work,  to  convert  it  into  a    5 
novel  or  other  non-dramatic  work; 

(c)  in  the  case  of  a  novel  or  other  non-dramatic  work, 

or  of  an  artistic  work,  to  convert  it  into  a  dra- 
matic work,  by  way  of  performance  in  public  or 
otherwise;  10 

(d)  in  the  case  of  a  literary,   dramatic,   or  musical 

work,  to  make  any  record,  perforated  roll,  cine- 
matograph film,  or  other  contrivance  by  means 
of  which  the  work  may  be  mechanically  per- 
formed or  delivered,  15 
and  to  authorise  any  such  acts  as  aforesaid. 

(3)  For  the  purposes  of  this  Act,  publication,  in  rela- 
tion to  any  work,  means  the  issue  of  copies  of  the  work 
to  the  public,  and  does  not  include  the  performance  in 
public  of  a  dramatic  or  musical  work,  the  delivery  in  20 
public  of  a  lecture,  the  exhibition  in  public  of  an  artistic 
work,  or  the  construction  of  an  architectural  work  of  art, 
but,  for  the  purposes  of  this  provision,  the  issue  of  pho- 
tographs and  engravings  of  works  of  sculpture  and  archi- 
tectural works  of  art  shall  not  be  deemed  to  be  publication  25 
of  such  works. 

2.  (1)  Copyright  in  a  work  shall  be  deemed  to  be 
infringed  by  any  person  who,  without  the  consent  of  the 
owner  of  the  copyright,  does  anything  the  sole  right  to  do 
which  is  by  this  Act  conferred  on  the  owTier  of  the  copy-  30 
right:  Provided  that  the  following  acts  shall  not  consti- 
tute an  infringement  of  copyright: 

(i)  Any  fair  dealing  with  any  work  for  the  purposes  of 
private  study,  research,  criticism,  review,  or 
newspaper  summary:  35 

(ii)  Where  the  author  of  an  artistic  work  is  not  the 
owner  of  the  copyright  therein,  the  use  by  the 
author  of  any  mould,  cast,  sketch,  plan,  model, 
or  study  made  by  him  for  the  purpose  of  the 
work,  provided  that  he  does  not  thereby  repeat  40 
or  imitate  the  main  design  of  that  work: 
(iii)  The  making  or  publishing  of  paintings,  drawings, 
engravings,  or  photographs  of  a  work  of  sculp- 
ture or  artistic  craftsmanship,  if  permanently 
situate  in  a  public  place  or  building,  or  the  45 


COPYRIGHT  ACT,   1911:   SEC.   2.  J.1 

making  or  publishing  of  paintings,  drawings, 
engravings,  or  photographs  (which  are  not  in 
the  nature  of  architectural  drawings  or  plans) 
of  any  architectural  work  of  art: 
5  (iv)  The  pubHcation  in  a  collection,  mainly  composed 
of  non-copyright  matter,  bon&,  fide  intended 
for  the  use  of  schools,  and  so  described  in  the 
title  and  in  any  advertisements  issued  by  the 
pubUsher,  of  short  passages  from  published  lit- 
10  erary  works  not  themselves  published  for  the 

use  of  schools  in  which  copyright  subsists :  Pro- 
vided that  not  more  than  two  of  such  passages 
from  works  by  the  same  author  are  pubhshed 
by  the  same  publisher  within  five  years,  and 
15  that  the  source  from  which  such  passages  are 

taken  is  acknowledged : 
(v)  The  pubUcation  in  a  newspaper  of  a  report  of  a 
lecture  delivered  in  public,  unless  the  report  is 
prohibited  by  conspicuous  written  or  printed 
20  notice  afiixed  before  and  maintained  during  the 

lecture  at  or  about  the  main  entfance  of  the 
building  in  which  the  lecture  is  given,  and, 
except  whilst  the  building  is  being  used  for 
pubUc  worship,  in  a  position  near  the  lecturer; 
25  but  nothing  in  this  paragraph  shall  affect  the 

provisions   in   paragraph    (i)    as   to   newspaper 
summaries: 
(vi)  The  reading  or  recitation  in  pubhc  by  one  person 
of  any  reasonable  extract  from  any  pubhshed 
30  work. 

(2)  Copyright  in  a  work  shall  also  be  deemed  to  be      Acts   which 
infringed  by  any  person  who —  right.^^  "*^^ 

(a)  sells  or  lets  for  hire,  or  by  way  of  trade  exposes  or 
offers  for  sale  or  hire;  or 
35       (jb)  distributes  either  for  the  purposes  of  trade  or  to 
such  an  extent   as  to   affect  prejudicially  the 
owner  of  the  copyright;  or 

(c)  by  way  of  trade  exhibits  in  public ;  or 

(d)  imports  for  sale  or  hire  into  any  part  of  His  Ma- 
40  jesty's  dominions  to  which  this  Act  extends, 

any  work  which  to  his  knowledge  infringes  copyright  or 
would  infringe  copj^right  if  it  had  been  made  within  the 
part  of  His  Majesty's  dominions  in  or  into  which  the  sale 
or  hiring,  exposure,  offering  for  sale  or  hire,  distribution, 
45  exhibition,  or  importation  took  place. 


12 


COPYRIGHT   IN   ENGLAND. 


Term  of  copy- 
right. 


Compulsory 
licences. 


(3)  Copyright  in  a  work  shall  also  be  deemed  to  be 
infringed  by  any  person  who  for  his  private  profit  permits 
a  theatre  or  other  place  of  entertainment  to  be  used  for 
the  performance  in  pubhc  of  the  work  without  the  consent 
of  the  owner  of  the  copyright,  unless  he  was  not  aware,  5 
and  had  no  reasonable  ground  for  suspecting,  that  the 
performance  would  be  an  infringement  of  copyright. 

3.  The  term  for  which  copyright  shall  subsist  shall, 
except  as  otherwise  expressly  provided  by  this  Act,  be 
the  hfe  of  the  author  and  a  period  of  fifty  years  after  his  10 
death : 

Provided  that  at  any  time  after  the  expiration  of 
twenty-five  years,  or  in  the  case  of  a  work  in  which  copy- 
right subsists  at  the  passing  of  this  Act  thirty  years,  from 
the  death  of  the  author  of  a  published  work,  copyright  15 
in  the  work  shall  not  be  deemed  to  be  infringed  by  the 
reproduction  of  the  work  for  sale  if  the  person  reproducing 
the  work  proves  that  he  has  given  the  prescribed  notice 
in  writing  of  his  intention  to  reproduce  the  work,  and 
that  he  has  paid  in  the  prescribed  manner  to,  or  for  the  20 
benefit  of,  the  owner  of  the  copyright  royalties  in  respect 
of  all  copies  of  the  work  sold  by  him  calculated  at  the 
rate  of  ten  per  cent,  on  the  price  at  which  he  pubHshes 
the  work;  and,  for  the  purposes  of  this  proviso,  the  Board 
of  Trade  may  make  regulations  prescribing  the  mode  in  25 
"which  notices  are  to  be  given,  and  the  particulars  to  be 
given  in  such  notices,  and  the  mode,  time,  and  frequency 
of  the  payment  of  royalties,  including  (if  they  think  fit) 
regulations  requiring  payment  in  advance  or  otherwise 
securing  the  payment  of  royalties.  30 

4.  If  at  any  time  after  the  death  of  the  author  of  a 
literary,  dramatic,  or  musical  work  which  has  been  pub- 
lished or  performed  in  public  a  complaint  is  made  to  the 
Judicial  Committee  of  the  Privy  Council  that  the  owner 

of  the  copyright  in  the  work  has  refused  to  republish  or  35 
to  allow  the  republication  of  the  work  or  has  refused  to 
allow  the  performance  in  public  of  the  work,  and  that  by 
reason  of  such  refusal  the  work  is  withheld  from  the 
pubhc,  the  owner  of  the  copyright  may  be  ordered  to 
grant  a  licence  to  reproduce  the  work  or  perform  the  40 
work  in  pubhc,  as  the  case  may  be,  on  such  terms  and 
subject  to  such  conditions  as  the  Judicial  Committee 
may  think  fit. 


COPYRIGHT  ACT,   1911:   SEC.   5. 


13 


5.   (1)  Subject  to  the  provisions  of  this  Act,  the  author 
of  a  work  shall  be  the  first  owner  of  the  copyright  therein: 
Provided  that — 

(a)  where,  in  the  case  of  an  engraving,  photograph,  or 
5  portrait,  the  plate  or  other  original  was  ordered 

by  some  other  person  and  was  made  for  valuable 
consideration  in  pursuance  of  that  order,  then, 
in  the  absence  of  any  agreement  to  the  contrary, 
the  person  by  whom  such  plate  or  other  original 
10  was  ordered  shall  be  the  first  owner  of  the  copy- 

right; and 
(6)  where  the  author  was  in  the  employment  of  some 
other   person   under   a   contract   of   service   or 
apprenticeship  and  the  work  was  made  in  the 
15  course  of  his  employment  by  that  person,  the 

person  by  whom  the  author  was  employed  shall, 
in  the  absence  of  any  agreement  to  the  contrary, 
be  the  first  owner  of  the  copyright,  but  where 
the  work  is  an  article  or  other  contribution  to  a 
20  newspaper,  magazine,  or  similar  periodical,  there 

shall,  in  the  absence  of  any  agreement  to  the 
contrary,  be  deemed  to  be  reserved  to  the  author 
a  right  to  restrain  the  publication  of  the  work, 
otherwise  than  as  part  of  a  newspaper,  maga- 
25  zine,  or  similar  periodical. 

(2)  The  owner  of  the  copyright  in  any  work  may 
assign  the  right,  either  wholly  or  partially,  and  either 
generally  or  subject  to  limitations  to  the  United  Kingdom 
or  any  self-governing  dominion  or  other  part  of  His 
30  Majesty's  dominions  to  which  this  Act  extends,  and 
either  for  the  whole  term  of  the  copyright  or  for  any  part 
thereof,  and  may  grant  any  interest  in  the  right  by 
licence,  but  no  such  assignment  or  grant  shall  be  valid 
unless  it  is  in  writing  signed  by  the  owner  of  the  right  in 
35  respect  of  which  the  assignment  or  grant  is  made,  or  by 
his  duly  authorized  agent: 

Provided  that,  where  the  author  of  a  work  is  the  first 
owner  of  the  copyright  therein,  no  assignment  of  the 
copyright,  and  no  grant  of  any  interest  therein,  made  by 
40  him  (otherwise  than  by  will)  after  the  passing  of  this  Act, 
shall  be  operative  to  vest  in  the  assignee  or  grantee  any 
rights  with  respect  to  the  copyright  in  the  work  beyond 
the  expiration  of  twenty-five  years  from  the  death  of  tha 
author,  and  the  reversionary  interest  in  the  copyright 
45  expectant  on  the  termination  of  that  period  shall,  on  the 


Ownership  of 
copyright,   etc. 


Engraving, 
photograph,  or 
portrait. 


Person  who 
employs  au- 
thor, etc. 


Assignment 
of  copyright. 


Copyright 
not  assignable 
beyond  25  years 
after  author's 
death. 


14 


COPYRIGHT  IN   ENGLAND. 


Divided  own- 
ersliip. 


death  of  the  author,  notwithstandmg  any  agreement  to 
the  contrary,  devolve  on  his  legal  pe^^onal  representatives 
as  part  of  his  estate,  and  any  agree^nent  entered  into  by 
him  as  to  the  disposition  of  such  reversionary  interest 
shall  be  null  and  void,  but  nothing  in  this  proviso  shall  be  5 
construed  as  applying  to  the  assignment  of  the  copy- 
right in  a  collective  work  or  a  licence  to  publish  a  work  or 
part  of  a  work  as  part  of  a  collective  work. 

(3)  Where,  under  any  partial  assignment  of  copyright, 
the  assignee  becomes  entitled  to  any  right  comprised  in  10 
copyright,  the  assignee  as  respects  the  right  so  assigned, 
and  the  assignor  as  respects  the  rights  not  assigned,  shall 
be  treated  for  the  purposes  of  this  Act  as  the  owner  of  the 
copyright,  and  the  provisions  of  this  Act  shall  have  effect 
accordingly. 


15 


CIVIL    REMEDIES. 


Civil  reme- 
dies for  infringe- 
ment of  copy- 
right. 


FrimA    facie 
ownership,  etc. 


Author    as 
stated  on  work. 


Publisher, 
when  author's 
name  is  not 
printed. 


6.  (1)  Where  copyright  in  any  work  has  been  in- 
fringed, the  owner  of  the  copyright  shall,  except  as  other- 
wise provided  by  this  Act,  be  entitled  to  all  such  remedies  20 
by  way  of  injunction  or  interdict,  damages,  accounts,  and 
otherwise,  as  are  or  may  be  conferred  by  law  for  the  in- 
fringement of  a  right. 

(2)  The  costs  of  all  parties  in  any  proceedings  in  re- 
spect of  the  infringement  of  copyright  shall  be  in  the  25 
absolute  discretion  of  the  Court. 

(3)  In  any  action  for  infringement  of  copyright  in  any 
work,  the  work  shall  be  presumed  to  be  a  work  in  which 
copyright  subsists  and  the  plaintiff  shall  be  presumed  to 
be  the  owner  of  the  copyright,  unless  the  defendant  puts  30 
in  issue  the  existence  of  the  copyright,  or,  as  the  case  may 
be,  the  title  of  the  plaintiff,  and  where  any  such  question 

is  in  issue,  then — 

(a)  if  a  name  purporting  to  be  that  of  the  author  of  the 

work  is  printed  or  otherwise  indicated  thereon  35 
in  the  usual  manner,  the  person  whose  name  is  so 
printed  or  indicated  shall,  unless  the  contrary  is 
proved,  be  presumed  to  be  the  author  of  the 
work; 
(h)  if  no  name  is  so  printed  or  indicated,  or  if  the  name  40 
so  printed  or  indicated  is  not  the  author's  true 
name  or  the  name  by  which  he  is  commonly 

,  known,  and  a  name  purporting  to  be  that  of  the 

publisher  or  proprietor  of  the  work  is  prmted  or 
otherwise  indicated  thereon  in  the  usual  mamier,  45 


COPYRIGHT  ACT,   1911 :   SEC. 


15 


the  person  whose  name  is  so  printed  or  indicated 
shall,  unless  the  contrary  is  proved,  be  presumed 
to  be  the  owTier  of  the  copyright  in  the  work  for 
the  purposes  of  proceedings  in  respect  of  the 
5  infringement  of  copyright  therein. 

7.  All  infringing  copies  of  any  work  in  which  copyright 
subsists,  or  of  any  substantial  part  thereof,  and  all  plates 
used  or  intended  to  be  used  for  the  production  of  such  in- 
fringing copies,  shall  be  deemed  to  be  the  property  of  the 

10  owner  of  the  cop\Tight,  who  accordingly  may  take  pro- 
ceedings for  the  recovery  of  the  possession  thereof  or  in 
respect  of  the  conversion  thereof. 

8.  Where  proceedings  are  taken  in  respect  of  the  in-- 
fringement  of  the  copyright  in  any  work  and  the  defend- 

15  ant  in  his  defence  alleges  that  he  was  not  aware  of  the 
existence  of  the  copyright  in  the  work,  the  plaintiff  shall 
not  be  entitled  to  any  remedy  other  than  an  injunction  or 
interdict  in  respect  of  the  infringement  if  the  defendant 
proves  that  at  the  date  of  the  infringement  he  was  not 

20  aware  and  had  no  reasonable  ground  for  suspecting  that 
copyright  subsisted  in  the  work. 

9.  (1)  Where  the  construction  of  a  building  or  other 
structure  which  infringes  or  which,  if  completed,  would 
infringe  the  copyright  in  some  other  work  has   been 

25  commenced,  the  owner  of  the  copyright  shall  not  be 
entitled  to  obtain  an  injunction  or  interdict  to  restrain 
the  construction  of  such  building  or  structure  or  to  order 
its  demolition. 

(2)  Such  of  the  other  provisions  of  this  Act  as  provide 

30  that  an  infringing  copy  of  a  work  shall  be  deemed  to  be 
the  property  of  the  owner  of  the  copyright,  or  as  impose 
sunmiary  penalties,  shall  not  apply  in  any  case  to  which 
this  section  applies. 

10.  An  action  in  respect  of  infringement  of  copyright 
35  shall  not  be  commenced  after  the  expiration  of  three 

years  next  after  the  infringement. 


Rights  of 
owner  against 
persons  possess- 
ing or  dealing 
with  infringe- 
ing  copies,  etc. 


Exemption  of 
innocent  in- 
fringer from 
liability  to  pay 
damages,  etc. 


Restriction  on 
remedies  in  the 
case  of  architec- 
ture. 


Limitation  of 
actions. 


SUMMARY    REMEDIES. 


11.   (1)  If  any  person  knowingly — 
(a)  makes  for  sale  or  hire  any  infringing  copy  of  a 
40  work  in  which  copyright  subsists;  or 

(&)  sell  or  lets  for  hire,  or  by  way  of  trade  exposes  or 

offers  for  sale  or  hire  any  infringing  copy  of  any 

such  work;  or 


Penalties  for 
dealing  with  in- 
fringing copies, 
etc. 


16 


COPYRIGHT   IN   ENGLAND. 


2  Edw.  7.  c.  15. 
6  Edw.  7.  c.  36. 


Appeals  to 
quarter  sessions. 


Extent  of  pro- 
visions as  to 
Bummary  rem- 
edies. 


(c)  distributes   infringing   copies    of    any    such    work 
either  for  the  purposes  of  trade  or  to  such  an 
extent  as  to  affect  prejudicially  the  owner  of 
the  copyright;  or 
id)  by  way  of  trade  exhibits  in  public  any  infringing    5 

copy  of  any  such  work;  or 
(e)  imports  for  sale  or  hire  into  the  United  Kingdom 
any  infringing  copy  of  any  such  work: 
he  shall  be  guilty  of  an  offence  under  this  Act  and  be 
liable  on  sunmiary  conviction  to  a  fine  not  exceeding  10 
forty  shillings  for  every  copy  dealt  with  in  contraven- 
tion of  this  section,  but  not  exceechng  fifty  pounds  in 
respect  of  the  same  transaction;  or,  in  the  case  of  a 
second  or  subsequent  offence,  either  to  such  fine  or  to 
imprisonment  with  or  without  hard  labour  for  a  term  not  15 
exceeding  two  months. 

(2)  If  any  person  knowingly  makes  or  has  in  his  posses- 
sion any  plate  for  the  purpose  of  making  infringing  copies 
of  any  work  in  which  copyright  subsists,  or  knowingly 
and  for  his  private  profit  causes  any  such  work  to  be  20 
performed  in  pubhc  without  the  consent  of  the  owner  of 
the  copyright,  he  shall  be  guilty  of  an  offence  under  this 
Act,  and  be  hable  on  summary  conviction  to  a  fine  not 
exceeding  fifty  pounds,  or,  in  the  case  of  a  second  or 
subsequent  offence,  either  to  such  fine  or  to  imprison-  25 
ment  with  or  without  hard  labour  for  a  term  not  exceeding 
two  months. 

(3)  The  court  before  which  any  such  proceedings  are 
taken  may,  whether  the  alleged  offender  is  convicted  or 
not,  order  that  all  copies  of  the  work  or  all  plates  in  the  30 
possession  of  the  alleged  offender,  which  appear  to  it  to 
be  infringing  copies  or  plates  for  the  purpose  of  making 
infringing  copies,  be  destroyed  or  dehvered  up  to  the 
owner  of  the  copyright  or  otherwise  dealt  with  as  the 
court  may  think  fit.  35 

(4)  Nothing  in  this  section  shall,  as  respects  musical 
works,  affect  the  provisions  of  the  Musical  (Summary 
Proceedings)  Copyright  Act,  1902,  or  the  Musical  Copy- 
right Act,  1906. 

12.  Any  person  aggrieved  by  a  summary  conviction  of  40 
an  offence  under  the  foregoing  provisions  of  this  Act  may 

in  England  and  Ireland  appeal  to  a  court  of  quarter 
sessions  and  in  Scotland  under  and  in  terms  of  the 
Summary  Jurisdiction  (Scotland)  Acts. 

13.  The  provisions  of  this  Act  with  respect  to  summary  45 
remedies  shall  extend  only  to  the  United  Kingdom. 


COPYRIGHT   ACT,   1911:   SEC.   14. 


17 


IMPORTATION   OF   COPIES. 


14.  (1)  Copies  made  out  of  the  United  Kingdom  of  any 
work  in  which  copyright  subsists  which  if  made  in  the 
United  Kingdom  would  infringe  copyright,  and  as  to 
5  which  the  owner  of  the  copyright  gives  notice  in  writing 
by  liimself  or  his  agent  to  the  Commissioners  of  Customs 
and  Excise,  that  he  is  desirous  that  such  copies  should 
not  be  imported  into  the  United  Kingdom,  shall  not  be 
so  imported,  and  shall,  subject  to  the  provisions  of  this 
10  section,  be  deemed  to  be  included  in  the  table  of  prohi- 
bitions and  restrictions  contained  in  section  forty-two  of 
the  Customs  Consolidation  Act,  1876,  and  that  section 
shall  apply  accordingly. 

(2)  Before  detaining  any  such  copies  or  taking  any 
15  further  proceedings  with  a  view  to  the  forfeiture  thereof 

under  the  law  relating  to  the  Customs,  the  Commissioners 
of  Customs  and  Excise  may  require  the  regulations  under 
this  section,  whether  as  to  information,  conditions,  or 
other  matters,  to  be  comphed  with,  and  may  satisfy 
20  themselves  in  accordance  with  those  regulations  that  the 
copies  are  such  as  are  proliibited  by  this  section  to  be 
imported. 

(3)  The  Commissioners  of  Customs  and  Excise  may 
make  regulations,  either  general  or  special,  respecting  the 

25  detention  and  forfeiture  of  copies'  the  importation  of 
wliich  is  proliibited  by  this  section,  and  the  conditions, 
if  any,  to  be  fulfilled  before  such  detention  and  forfeiture, 
and  may,  by  such  regulations,  determine  the  information, 
notices,  and  security  to  be  given,  and  the  evidence  requi- 

30  site  for  any  of  the  purposes  of  this  section,  and  the  mode 
of  verification  of  such  evidence. 

(4)  The  regulations  may  apply  to  copies  of  all  works 
the  importation  of  copies  of  which  is  proliibited  by  tliis 
section,  or  different  regulations  may  be  made  respecting 

35  different  classes  of  such  works. 

(5)  The  regulations  may  provide  for  the  informant 
reimbursing  the  Commissioners  of  Customs  and  Excise 
all  expenses  and  damages  incurred  in  respect  of  any  deten- 
tion made  on  his  information,  and  of  any  proceedings 

40  consequent  on  such  detention ;  and  may  provide  for  notices 
under  any  enactment  repealed  by  this  Act  being  treated 
as  notices  given  under  this  section. 

(6)  The  foregoing  provisions  of  this  section  shall  have 
effect  as  if  they  were  part  of  the  Customs  Consolidation 

39703°— 12 3 


Importation 
of  copies. 


39  &  40  Vict 
c.  36. 

Regulations 
by  Commis- 
sioners of  Cus- 
toms. 


\. 


18 


COPYRIGHT   IN   ENGLAND. 


Act,  1876:  Provided  thai,  notwithstanding  anything  in 
that  Act,  the  Isle  of  Man  shall  not  be  treated  as  part  of 
the  United  Kingdom  for  the  purposes  of  this  section. 

(7)  This  section  shall,  with  the  necessary  modifications, 
apply  to  the  importation  into  a  British  possession  to 
which  tliis  Act  extends  of  copies  of  works  made  out  of 
that  possession. 


Delivery  of 
copies  to  British 
Museum  and 
other  libraries. 


British    Mu- 
seum copies. 


10 


Katlonal  Li- 
brary of  Wales. 


DELIVERY    OF    BOOKS    TO    LIBRARIES. 

15.  (1)  The  publisher  of  every  book  published  in  the 
United  Kingdom  shall,  within  one  month  after  the  publi- 
cation, deliver,  at  his  own  expense,  a  copy  of  the  book  to 
the  trustees  of  the  British  I\Iuseum,  who  shall  give  a 
written  receipt  for  it. 

(2)  He  shall  also,  if  written  demand  is  made  before  the 
expiration  of  twelve  months  after  publication,  deliver  15 
within  one  month  after  receipt  of  that  written  demand  or, 

if  the  demand  was  made  before  publication,  within  one 
month  after  publication,  to  some  depot  in  London  named 
in  the  demand  a  copy  of  the  book  for,  or  in  accordance 
with  the  directions  of,  the  authority  having  the  control  of  20 
each  of  the  following  libraries,  namely:  the  Bodleian 
Library,  Oxford,  the  University  Library,  Cambridge, 
the  Library  of  the  Faculty  of  Advocates  at  Edinburgh, 
and  the  Library  of  Trinity  College,  Dublin,  and  subject 
to  the  provisions  of  this  section  the  National  Library  of  25 
Wales.  In  the  case  of  an  encyclopaedia,  newspaper, 
review,  magazine,  or  work  published  in  a  series  of  num- 
bers or  parts,  the  written  demand  ma\"  include  all 
numbers  or  parts  of  the  work  which  may  be  subsequently 
published. 

(3)  The  copy  delivered  to  the  trustees  of  the  British 
Museum  shall  be  a  copy  of  the  w^hole  book  with  all  maps 
and  illustrations  belonging  thereto,  finished  and  coloured 
in  the  same  maimer  as  the  best  copies  of  the  book  are 
published,  and  shall  be  bound,  sewed,  or  stitched  together,  35 
and  on  the  best  paper  on  which  the  book  is  printed. 

(4)  The  copy  delivered  for  the  other  authorities  men- 
tioned in  this  section  shall  be  on  the  paper  on  which  the 
largest  number  of  copies  of  the  book  is  printed  for  sale, 
and  shall  be  in  the  like  condition  as  the  books  prepared  40 
for  sale. 

(5)  The  books  of  w^hich  copies  are  to  be  delivered  to 
the  National  Library  of  Wales  shall  not  include  books  of 


30 


COPYRIGHT  ACT,   1911:   SEC,   15. 


19 


such  classes  as  may  be  specified  in  regulations  to  be  made 
b}'  the  Board  of  Trade. 

(6)  If  a  publisher  fails  to  comply  with  this  section,  he 
shall  be  liable  on  summary  conviction  to   a  fine  not 

5  exceeding  five  pounds  and  the  value  of  the  book,  and  the 
fine  shall  be  paid  to  the  trustees  or  authority  to  whom 
the  book  ought  to  have  been  delivered. 

(7)  For  the  purposes  of  this  section,  the  expression 
"book"  includes  every  part  or  division  of  a  book,  pam- 

10  phlet,  sheet  of  letter-press,  sheet  of  music,  map,  plan, 
chart  or  table  separately  published,  but  shall  not  include 
any  second  or  subsequent  edition  of  a  book  unless  such 
edition  contains  additions  or  alterations  either  in  the 
letterpress  or  in  the  maps,  prints,  or  other  engravings 

15  belonging  thereto. 

SPECIAL   PROVISIONS    AS    TO    CERTAIN    WORKS. 

16.  (1)  In  the  case  of  a  work  of  joint  authorship, 
copyright  shall  subsist  during  the  life  of  the  author  who 
first  dies  and  for  a  term  of  fifty  years  after  his  death,  or 

20  during  the  life  of  the  author  who  dies  last,  whichever 
period  is  the  longer,  and  references  in  tins  Act  to  the 
period  after  the  expiration  of  any  specified  number  of 
years  from  the  death  of  the  author  shall  be  construed  as 
references  to  the  period  after  the  expiration  of  the  Hke 

25  number  of  years  from  the  death  of  the  author  who  dies 
first  or  after  the  death  of  the  author  who  dies  last,  which- 
ever period  may  be  the  shorter,  and  in  the  provisions  of 
this  Act  with  respect  to  the  grant  of  compulsory  licences 
a  reference  to  the  date  of  the  death  of  the  author  who 

30  dies  last  shall  be  substituted  for  the  reference  to  the  date 
of  the  death  of  the  author. 

(2)  ,Where,  in  the  case  of  a  work  of  joint  authorship, 
some  one  or  more  of  the  joint  authors  do  not  satisfy  the 
conditions  conferrmg  cop}Tight  laid  down  by  this  Act, 

35  the  work  shall  be  treated  for  the  purposes  of  this  Act  as 
if  the  other  author  or  authors  had  been  the  sole  author 
or  authors  thereof: 

Provided  that  the  term  of  the  copyright  shall  be  the 
same  as  it  would  have  been  if  aU  the  authors  had  satisfied 

40  such  conditions  as  aforesaid. 

(3)  For  the  purposes  of  this  Act,  ''a  work  of  joint 
authorship  "  means  a  work  produced  by  the  collaboration 
of  two  or  more  authors  in  which  the  contribution  of  one 


Book 
fined. 


de- 


Works     of 
joint  authors. 


Term 
copyright. 


of 


Work  of 
joint  author- 
ship defined. 


20 


COPYRIGHT  IN   ENGLAND. 


M  ar  r  led 
woman  as  joint 
author. 

Posthumous 
works. 


Provisions  as 
to  Govern- 
ment publica- 
tions. 


Provisions  as 
t  J  mechanical 
instruments. 


author  is  not  distinct  from  the  contribution  of  the  other 
author  or  authors. 

(4)  Where  a  married  woman  and  her  husband  are 
joint  authors  of  a  work  the  interest  of  such  married 
woman  therein  shall  be  her  separate  property.  5 

17.  (1)  In  the  case  of  a  literary  dramatic  or  musical 
work,  or  an  engraving,  in  which  copyright  subsists  at  the 
date  of  the  death  of  the  author  or,  in  the  case  of  a  work  of 
joint  authorship,  at  or  immediately  before  the  date  of  the 
death  of  the  author  who  dies  last,  but  which  has  not  been  10 
pubUshed,  nor,  in  the  case  of  a  dramatic  or  musical  work, 
been  performed  in  public,  nor,  in  the  case  of  a  lecture, 
been  delivered  in  public,  before  that  date,  copyright  shall 
subsist  till  publication,  or  performance  or  delivery  in 
public,  whichever  may  first  happen,  and  for  a  term  of  15 
fifty  years  thereafter,  and  the  proviso  to  section  three  of 
this  Act  shall,  in  the  case  of  such  a  work,  apply  as  if  the 
author  had  died  at  the  date  of  such  publication  or  per- 
formance or  delivery  in  public  as  aforesaid. 

(2)  The  ownership  of  an  author's  manuscript  after  his  20 
death,  where  such  ownership  has  been  acquired  under  a 
testamentary  disposition  made  by  the  author  and  the 
manuscript  is  of  a  work  wliich  has  not  been  published 
nor  performed  in  public  nor  delivered  in  public,  shall  be 
prima  facie  proof  of  the  copyright  being  with  the  owner  25 
of  the  manuscript. 

18.  Without  prejudice  to  any  rights  or  privileges  of 
the  Crown,  where  any  work  has,  whether  before  or  after 
the  commencement  of  this  Act,  been  prepared  or  pub- 
Hshed  by  or  under  the  direction  or  control  of  His  Majesty  30 
or  any  Government  department,  the  copyright  in  the 
work  shall,  subject  to  any  agreement  with  the  author, 
belong  to  His  Majesty,  and  in  such  case  shall  continue 
for  a  period  of  fifty  years  from  the  date  of  the  first  publi- 
cation of  the  work.  35 

19.  (1)  Copyright  shall  subsist  in  records,  perforated 
rolls,  and  other  contrivances  by  means  of  which  sounds 
may  be  mechanically  reproduced,  in  like  manner  as  if 
such  contrivances  were  musical  works,  but  the  term  of 
copyright  shall  be  fifty  years  from  the  making  of  the  40 
original  plate  from  which  the  contrivance  was  directly  or 
indirectly  derived,  and  the  person  who  was  the  owner  of 
such  original  plate  at  the  time  when  such  plate  was  made 
shall  be  deemed  to  be  the  author  of  the  work,  and,  where 


COPYRIGHT  ACT,   1911:    SEC.   19. 


21 


such  owner  is  a  body  corporate,  the  body  corporate  shall 
be  deemed  for  the  purposes  of  this  Act  to  reside  within  the 
parts  of  His  Majesty's  dominions  to  which  this  Act 
extends  if  it  has  established  a  place  of  business  within 
5  such  parts. 

(2)  It  shall  not  be  deemed  to  be  an  infringement  of 
copyright  in  any  musical  work  for  any  person  to  make 
within  the  parts  of  His  Majesty's  dominions  to  which  this 
Act  extends  records,  perforated  rolls,  or  other  contriv- 

1 0  ances  by  means  of  which  the  work  may  be  mechanically 
performed,  if  such  person  proves — 

(a)  that  such  contrivances  have  previously  been  made 
by,  or  with  the  consent  or  acquiescence  of,  the 
owner  of  the  copyright  in  the  work;  and 
15  (h)  that  he  has  given  the  prescribed  notice  of  his  inten- 
tion to  make  the  contrivances,  and  has  paid  in 
the  prescribed  manner  to,  or  for  the  benefit  of, 
the  owner  of  the  copyright  in  the  work  royalties 
in  respect  of  all  such  contrivances  sold  by  him, 
20  calculated  at  the  rate  herein-after  mentioned: 

Provided  that — 

(i)  nothing  in  this  provision  shall  authorize  any  altera- 
tions in,  or  omissions  from,  the  work  reproduced, 
unless  contrivances  reproducing  the  work  subject 
25  to  similar  alterations  and  omissions  have  been 

previously  made  by,  or  with  the  consent  or 
acquiesence  of,  the  owner  of  the  copjTight,  or 
unless  such  alterations  or  omissions  are  reasonably 
necessary  for  the  adaptation  of  the  work  to  the 
30  contrivances  in  question;  and 

(ii)  for  the  purposes  of  this  provision,  a  musical  work 
shall  be  deemed  to  include  any  words  so  closely 
associated  therewith  as  to  form  part  of  the  same 
work,  but  shall  not  be  deemed  to  include  a  con- 
35  trivance   by  means   of   which   sounds   may   be 

mechanically  reproduced. 

(3)  The  rate  at  which  such  roj-alties  as  aforesaid  are 
to  be  calculated  shall — 

(a)  in  the  case  of  contrivances  sold  within  two  years 
40  after  the  commencement   of  this  Act   b}'   the 

person  making  the  same,  be  two  and  one-half 

per  cent.;  and 
(6)  in  the  case  of  contrivances  sold  as  aforesaid  after 

the  expiration  of  that  period,  five. per  cent. 


When  not  an 
infringement. 


Alterations 
in  or  omissiona 
from  work. 


Rate  of  roy- 
alties. 


22 


COPYRIGHT   IX    ENGLAND. 


Change    in 
rate  of  royalties. 


Board  of 
Trade  regula- 
tions. 


on  the  ordinar}'^  retail  selling  price  of  the  contrivance 
calculated  in  the  prescribed  manner,  so  however  that  the 
royalty  payable  in  respect  of  a  contrivance  shall,  in  no 
case,  bo  less  than  a  half-penn}'  for  each  separate  musical 
work  in  which  copyright  subsists  reproduced  thereon,  5 
and,  where  the  royalty  calculated  as  aforesaid  mcludes  a 
fraction  of  a  farthing,  such  fraction  shall  be  reckoned  as 
a  farthing: 

Provided  that,  if,  at  any  time  after  the  expiration  of 
seven  years  from  the  commencement  of  this  Act,  it  10 
appears  to  the  Board  of  Trade  that  such  rate  as  aforesaid 
is  no  longer  equitable,  the  Board  of  Trade  may,,  after 
holdmg  a  public  inquiry,  make  an  order  either  decreasing 
or  increasing  that  rate  to  such  extent  as  under  the  cir- 
cumstances may  seem  just,  but  any  order  so  made  shall  15 
be  provisional  only  and  shall  not  have  any  effect  unless 
and  until  confirmed  by  Parliament;  but,  where  an  order 
revising  the  rate  has  been  so  made  and  confirmed,  no 
further  revision  shall  be  made  before  the  expiration  of 
fourteen  years  from  the  date  of  the  last  revision.  20 

(4)  If  an}"  such  contrivance  is  made  reproducing  two 
or  more  different  works  in  which  copyright  subsists  and 
the  owners  of  the  copyright  therein  are  different  persons, 
the  sums  payable  by  way  of  royalties  under  this  section 
shall  be  apportioned  amongst  the  several  owTiers  of  the  25 
copyright  in  such  proportions  as,  failing  agreement,  may 
be  determined  by  arbitration. 

(5)  When  any  such  contrivances  by  means  of  which  a 
musical  work  may  be  mechanically  performed  have  been 
made,  then,  for  the  purposes  of  this  section,  the  o%vQer  of  30 
the  copyright  in  the  work  shall,  in  relation  to  any  person 
who  makes  the  prescribed  inquiries,  be  deemed  to  have 
iriven  his  consent  to  the  making  of  such  contrivances  if 
he  fails  to  reply  to  such  inquiries  within  the  prescribed- 
time.  35 

(6)  For  the  purposes  of  this  section,  the  Board  of  Trade 
may  make  regulations  prescribing  anything  wliich  under 
this  section  is  to  be  prescribed,  and  prescribing  the  mode 
in  which  notices  are  to  be  given  and  the  particulai*s  to  be 
given  in  such  notices,  and  the  mode,  time,  and  frequency  40 
of  the  payment  of  royalties,  and  any  such  regulations 
may,  if  the  Board  think  fit,  include  regulations  requiring 
payment  in  advance  or  otherwise  securing  the  payment 

of  royalties. 


COPYRIGHT  ACT,   1911:   SEC.   19. 


23 


(7)  In  the  case  of  musical  works  published  before  the      Modifications 
commencement  of  this  Act,  the  foregoing  provisions  shall    published    be^ 
have  effect,  subject  to  the  following  modifications  and   ^o™  Act. 
additions: 
5       (a)  The  conditions  as  to  the  previous  making  by,  or 
with  the  consent  or  acquiescence  of,  the  owner  of 
the  copyright  in  the  work,  and  the  restrictions 
as  to  alterations  in  or  omissions  from  the  work, 
shaU  not  apply : 
10       (h)  The  rate  of  two  and  one-half  per  cent,  shall  be 
substituted  for  the  rate  of  five  per  cent,  as  the 
rate  at   which   royalties   are   to   be  calculated, 
but  no  royalties  shall  be  payable  in  respect  of 
contrivances  sold  before  the  first  day  of  July, 
15  nineteen  hundred  and  thirteen,  if  contrivances 

reproducing  the  same  work  had  been  lawfully 
made,  or  placed  on  sale,  within  the  parts  of  His 
Majesty's  dominions  to  which  this  Act  extends 
before  the  first  day  of  July,  nineteen  hundred 
20  and  ten: 

(c)  Notwithstanding  any  assignment  made  before  the      ^^s^t  °^  "re- 

passing of  this  Act  of  the  copyright  in  a  musical  duction  of  es- 
work,  any  rights  conferred  by  this  Act  in  re-  signed  work  be- 
spect  of  the  making,  or  authorising  the  mak- 

25  ing,  of   contrivances   by  means   of   which   the 

work  may  be  mechanically  performed  shall  be- 
long to  the  author  or  his  legal  personal  repre- . 
sentatives  and  not  to  the  assignee,  and  the  roy- 
alties aforesaid  shall  be  payable  to,  and  for  the 

30  benefit  of,  the  author  of  the  work  or  his  legal 

personal- representatives : 

(d)  The  saving   contained   in  this  Act  of  the  rights 

and  interests  arising  from,  or  in  connexion  with, 
action  taken  before  the  commencement  of  this 

35  Act  shall  not  be  construed  as  authorising  any 

person  who  has  made  contrivances  by  means 
of  which  the  work  ma}^  be  mechanically  per- 
formed to  sell  any  such  contrivances,  whether 
made  before  or  after  the  passing  of  this  Act, 

40  except  on  the  terms  and  subject  to  the  condi- 

tions laid  down  in  this  section: 

(e)  AVliere  the  work  is  a  work  on  which  copyright  is 

conferred  by  an  Order  in  Council  relating  to  a 

foreign  country,  the  copyright  so  conferred  shall 

45  not,  except  to  such  extent  as  may  be  provided  by 


24 


COPYRIGHT   IN   ENGLAND. 


Copyright  In 
contrivances 
previously 
made. 


Provision  as 
to    political 


Provisions  as 
to  photographs. 


Provisions  as 
to  designs  regis- 
trable under  7 
Edw.  7.    C.29. 


the  Order,  include  any  rights  with  respect  to 
the  making  of  records,  perforated  rolls,  or  other 
contrivances  by  means  of  which  the  work  may 
be  mechanically  performed. 
(8)  Notwithstanding   anything  in  this  Act,   where  a    5 
record,  perforated  roll,  or  other  contrivance  by  means 
of  which  sounds  may  be  mechanically  reproduced  has 
been  made  before  the  commencement  of  this  Act,  copy- 
right  shall,    as  from   the   commencement   of   this   Act, 
subsist  therein  in  like  manner  and  for  the  like  term  as  if  10 
this  Act  had  been  in  force  at  the  date  of  the  making  of  the 
original  plate  from  which  the  contrivance  was  directly 
or  indirectly  derived: 
Provided  that — 

(i)  the  person  who,   at   the  commencement  of   tliis  15 
Act,  is  the  owner  of  such  original  plate  shall  be 
the  first  owner  of  such  copyright;  and 
(ii)  nothing  in  this  provision  shall  be  constrtied  as 
conferring  copyright  in  any  such  contrivance  if 
the  making  thereof  would  have  infringed  copy-  20 
right  in  some  other  contrivance,  if  this  proAdsion 
had  been  in  force  at  the  time  of  the  making  of 
the  first-mentioned  contrivance. 

20.  Notwithstanding    anything  in  this   Act,   it   shall 
not  be  an  infringement  of  copyright  in  an  address  of  a  25 
political  nature  delivered  at  a  public  meeting  to  publish 

a  report  thereof  in  a  newspaper. 

21.  The  term  for  which  copyright  shall  subsist  in 
photographs  shall  be  fifty  years  from  the  making  of  the 
original  negative  from  which  the  photograph  was  directly  30 
or  indirectly  derived,  and  the  person  who  was  owner  of 
such  negative  at  the  time  when  such  negative  was  made 
shall  be  deemed  to  be  the  author  of  the  work,  and,  where 
such  owner  is  a  body  corporate,  the  body  corporate  shall 
be  deemed  for  the  purposes  of  tliis  Act  to  reside  within  35 
the  parts  of  His  Majesty's  dominions  to  which  this  Act 
extends  if  it  has  established  a  place  of  business  within 
such  parts. 

22.  (1)  This  Act  shall  not  apply  to  designs  capable  of 
being  registered  under  the  Patents  and  Designs  Act,  1907,  40 
except  designs  which,  though  capable  of  being  so  regis- 
tered, are  not  used  or  intended  to  be  used  as  models  or 
patterns  to  be  multiplied  by  any  industrial  process. 

(2)  General    rules    under    section    eighty-six    of    the 
Patents  and  Designs  Act,  1907,  may  be  made  for  determin-  45 


COPYRIGHT  ACT,   1911:    SEC.   23. 


25 


ing  the  conditions  under  which  a  design  shall  be  deemed 
to  be  used  for  such  purposes  as  aforesaid. 

23.  If  it  appears  to  His  Majesty  that  a  foreign  country 
does  not  give,  or  has  not  undertaken  to  give,  adequate 
5  protection  to  the  works  of  British  authors,  it  shall  be 
lawful  for  His  Majesty  by  Order  in  Council  to  direct  that 
such  of  the  provisions  of  this  Act  as  confer  copyright  on 
works  first  pubUshed  within  the  parts  of  His  Majesty's 
dominions  to  which  this  Act  extends,  shaU  not  apply  to 
10  works  published  after  the  date  specified  in  the  Order,  the 
authors  whereof  are  subjects  or  citizens  of  such  foreign 
country,  and  are  not  resident  in  His  Majesty's  dominions, 
and  thereupon  those  provisions  shall  not  apply  to  such 
works. 
15      24.   (1)  Where  any  person  is  immediately  before  the 
commencement  of  tliis  Act  entitled  to  any  such  right  in 
any  work  as  is  specified  in  the  first  column  of  the  First 
Schedule  to  this  Act,  or  to  any  interest  in  such  a  right, 
he  shall,  as  from  that  date,  be  entitled  to  the  substi- 
20  tuted  right  set  forth  in  the  second  column  of  that  schedule, 
or  to  the  same  interest  in  such  a  substituted  right,  and  to 
no  other  right  or  interest,  and  such  substituted  right  shall 
subsist  for  the  term  for  which  it  would  have  subsisted 
if  this  Act  had  been  in  force  at  the  date  when  the  work 
25  was  made  and  the  work  had  been  one  entitled  to  copy- 
right thereunder: 
Provided  that — 

(a)  if  the  author  of  any  work  in  which  any  such  right 
.  as  is  specified  in  the  fiirst  column  of  the  First 
30  Schedule  to  this  Act  subsists  at  the  commence- 

ment of  this  Act  has,  before  that  date,  assigned 
the  right  or  granted  any  interest  therein  for  the 
whole  term  of  the  right,  then  at  the  date  when, 
but  for  the  passing  of  this  Act,  the  right  would 
35  have  expired  the  substituted  right  conferred  by 

tliis  section  shall,  in  the  absence  of  express 
agreement,  pass  to  the  author  of  the  work,  and 
any  interest  therein  created  before  the  com- 
mencement of  this  Act  and  then  subsisting  shaU 
40  determine;   but    the   person   who   immediately 

before  the  date  at  which  the  right  would  so  have 
expired  was  the  owner  of  the  right  or  interest 
shall  be  entitled  at  his  option  either — 

(i)  on  giving  such  notice  as  hereinafter 
45                         mentioned,  to  an  assignment  of  the  right  or 
39703°— 12 4 


Works  of  for- 
eign  authors 
first  published 
in  parts  of  His 
Majesty's  do- 
minions to 
which  Act  ex- 
tends. 


Existing 
works. 


See  page  34. 


Existing 
sigmnents. 


26  COPYRIGHT   IN   ENGLAND. 

the  grant  of  a  similar  interest  therein  for  the 
remainder  of  the  term  of  the  right  for  such 
consideration  as,  faihng  agreement,  maj^  be 
determined  by  arbitration ;  or 

(ii)  without  any  such  assignment  or  grant,     5 
to  continue  to  reproduce  or  perform  the  work 
in  like  manner  as  theretofore  subject  to  the 
payment,  if  demanded  by  the  author  within 
three  years  after  the  date  at  which  the  right 
would  have  so  expired,  of  such  royalties  to  10 
the  author  as,  faOing  agreement,  may  be  de- 
termined by  arbitration,  or,  where  the  work 
is  incorporated  in  a  collective  work  and  the 
owner  of  the  right  or  interest  is  the  propri- 
etor of  that  collective  work,  without  any  15 
such  payment; 

The  notice  above  referred  to  must  be  given 
not  more  than  one  year  nor  less  than  six  months 
before  the  date  at  which  the  right  would  have 
so  expired,  and  must  be  sent  by  registered  post  20 
to  the  author,  or,  if  he  cannot  with  reasonable 
J  diligence  be  found,  advertised  in  the  London 
Gazette  and  in  two  London  newspapers: 
(6)  where  any  person  has,  before  the  twenty-sixth  day 

of  July  nineteen  hifndred  and  ten,  taken  any  25 
action  whereby  he  has  incurred  any  expenditure 
or  liability  in  connexion  with  the  reproduction 
or  performance  of  any  work  in  a  manner  which 
at  the  time  was  lawful,  or  for  the  purpose  of  or 
with  a  view  to  the  reproduction  or  performance  30 
of  a  work  at  a  time  when  such  reproduction  or 
performance  would,  but  for  the  passing  of  this 
Act,  have  been  lawful,  nothing  in  this  section 
shall  diminish  or  prejudice  any  rights  or  interest 
arising  from  or  in  connexion  with  such  action  35 
which  are  subsisting  and  A'^aluable  at  the  said 
date,  unless  the  person  who  by  virtue  of  this 
section  becomes  entitled  to  restrain  such  repro- 
duction or  performance  agrees  to  pay  such  com- 
pensation as,  failing  agreement,  may  be  deter-  40 
mined  by  arbitration. 
(2)  For  the  purposes  of  this  section,  the  expression 
"author"  includes  the  legal  personal  representatives  of 
a  deceased  author. 


COPYRIGHT  ACT,   1911:   SEC.   25. 


27 


(3)  Subject  to  the  provisions  of  section  nineteen  sub- 
sections (7)  and  (8)  and  of  section  thirty-three  of  thLs 
Act,  copyright  shall  not  subsist  in  any  work  made  before 
the  commencement  of  this  Act,  otherwise  than  under, 
5  and  in  accordance  \^ath,  the  provisions  of  this  section. 


Xo  copyright 
in  vrork  made 
before  Act. 


APPLICATION    TO    BRITISH   POSSESSIONS. 

25.  (1)  This  Act,  except  such  of  the  provisions  thereof 
as  are  expressly  restricted  to  the  United  Kingdom,  shall 
extend  throughout  His  Majesty's  domhiions:  Provided 

10  that  it  shall  not  extend  to  a  self-governing  dominion, 
unless  declared  by  the  Legislature  of  that  dominion  to  be 
in  force  therein  either  without  any  modifications  or  addi- 
tions, or  with  such  modifications  and  additions  relating 
exclusively  to  procedure  and  remedies,  or  necessary  to 

15  adapt  this  Act  to  the  circumstances  of  the  dominion,  as 
may  be  enacted  by  such  Legislature. 

(2)  If  the  Secretary  of  State  certifies  by  notice  pub- 
lished in  the  London  Gazette  that  any  self-governing 
dominion  has  passed  legislation  under  which  works,  the 

20  authors  whereof  were  at  the  date  of  the  making  of  the 
works  British  subjects  resident  elsewhere  than  in  the 
dominion  or  (not  being  British  subjects)  were  resident  in 
the  parts  of  His  Majesty's  dominions  to  which  this  Act 
extends,  enjoy  within  the  dominion  rights  substantially 

25  identical  with  those  conferred  by  this  Act,  then,  whilst 
such  legislation  continues  in  force,  the  dominion  shall, 
for  the  purposes  of  the  rights  conferred  by  this  Act,  be 
treated  as  if  it  were  a  domiuion  to  which  this  Act  extends ; 
and  it  shall  be  lawful  for  the  Secretary  of  State  to  give 

30  such  a  certificate  as  aforesaid,  notwithstanding  that  the 
remedies  for  enforcing  the  rights,  or  the  restrictions  on 
the  importation  of  copies  of  works,  manufactured  in  a 
foreign  country,  under  the  law  of  the  dominion,  differ 
from  those  under  this  Act. 

35  26.  (1)  The  Legislature  of  any  self-governing  dominion 
may,  at  any  time,  repeal  all  or  any  of  the  enactments 
relating  to  copyright  passed  by  Parliament  (including  this 
Act)  so  far  as  they  are  operative  within  that  dominion : 
Provided  that  no  such  repeal  shall  prejudicially  affect  any 

40  legal  rights  existing  at  the  time  of  the  repeal,  and  that, 
on  this  Act  or  any  part  thereof  being  so  repealed  by  the 
Legislature  of  a  self-governing  dominion,  that  dominion 
shall  cease  to  be  a  dominion  to  which  this  act  extends. 


Application 
ofAct  to  British 
dominions. 


Notice  in  Lon- 
don Gazette. 


Legislative 
jwwers  of  self- 
governing  do- 
minions. 


28 


COPYRIGHT  IN   ENGLAND. 


inrdon^ons."  ^"^  ^^  ^^^  self-goveming  dominion  to  which  this  Act 
does  not  extend,  the  enactments  repealed  by  this  Act  shall, 
so  far  as  they  are  operative  in  that  dominion,  continue  in 
force  until  repealed  by  the  Legislature  of  that  dominion. 

(3)  Where  his  Majesty  in  Council  is  satisfied  tliat  the    5 
law  of  a  self-governing  dominion  to  which  this  Act  does 
not    extend    provides    adequate   protection    ^vithin   the 
dominion  for  the  works   (whether  published  of  unpub- 
lished) of  authors  who  at  the  time  of  the  making  of  the 
work  were  British  subjects  resident  elsewhere  than  in  10 
that   dominion,   His  Majesty  in  Council  may,   for  the 
purpose  of  giving  reciprocal  protection,  direct  that  this 
Act,  except  such  parts  (if  any)  thereof  as  may  be  specified 
in  the  Order,  and  subject  to  any  conditions  contained 
therein,  shall,  within  the  parts  of  His  Majesty's  dominions  15 
to  wliich  this  Act  extends,  apply  to  works  the  authors 
whereof  were,  at  the  time  of  the  making  of  the  work, 
resident   within  the  first-mentioned   dominion,    and   to 
works  first  pubhshed  in  that   dominion;  but,   save   as 
provided  by  such  an  Order,  works  tlie  authors  whereof  20 
were  resident  in  a  dominion  to  which  this  Act  does  not 
extend  shall  not,  whether  they  are  British  subjects  or 
not,  be  entitled  to  any  protection  under  this  Act  except 
such  protection  as  is  by  this  Act  conferred  on  works  first 
pubhshed  within  the  parts  of  His  Majesty's  dominions  to  25 
which  tliis  Act  extends: 

Provided  that  no  such  Order  shall  confer  any  rights 
witliin  a  self-governing  dominion,  but  the  Governor  in 
Council  of  any  self-governing  dominion  to  which  this  Act 
extends,  may,  by  Order,  confer  witliin  that  dominion  30 
the  like  rights  as  His  Majesty  in  Council  is,  under  the 
foregoing  provisions  of  this  subsection,  authorised  to 
confer  within  other  parts  of  His  Majesty's  dominions. 

For   the  purposes  of   this   subsection,  the   expression 

"a   dominion   to   which   this   Act   extends"    includes    a  So 

dominion  which  is  for  the  purposes  of  this  Act  to  be 

treated  as  if  it  were  a  dominion  to  which  this  Act  extends. 

Power    of        27.  The    Legislature    of    any   British    possession    to 

Legislatures  of    -y^jj^jch  tMs  Act  cxtcuds  may  modify  or  add  to  any  of  the 

British   posses-  _  ,  ....  . 

sions  to  pass  provisious  of  this  Act  in  its  application  to  the  possession,  40 
but,  except  so  far  as  such  modifications  and  additions 
relate  to  procedure  and  remedies,  they  shall  apply  only 
to  works  the  authors  whereof  were,  at  the  time  of  the 
making  of  the  work,  resident  in  the  possession,  and  to 
works  first  pubhshed  in  the  possession.  45 


supplemental 
legislation. 


COPYRIGHT  ACT,   1911:   SEC.   23. 


29 


28.  His  Majesty  may,  by  Order  in  Council,  extend  tliis 
Act  to  any  territories  under  his  protection  and  to  Cyprus, 
and,  on  the  making  of  any  such  Order,  this  Act  shall, 
subject  to  the  provisions  of  the  Order,  have  effect  as  if 

5  the  territories  to  which  it  applies  or  Cyprus  were  part  of 
His  Majesty's  dominions  to  which  this  Act  extends. 

Part  II. 
INTERNATIONAL  COPYRIGHT. 

29.  (1)  His  Majesty  may,  by  Order  in  Council,  direct 
10  that  this  Act  (except  such  parts,  if  any,  thereof  as  may 

be  specified  in  the  Order)  shall  apply — 

(a)  to  works  first  published  in  a  foreign  country  to 
which  the  Order  relates,  in  like  manner  as  if  they 
were  first  published  within   the  parts   of   His 
15  Majesty's  dominions  to  which  this  Act  extends; 

(&)  to  literary,  dramatic,  musical,  and  artistic  works, 
or  any  class  thereof,  the  authors  whereof  were  at 
the  time  of  the  making  of  the  work  subjects  or 
citizens  of  a  foreign  country  to  which  the  order 
20  relates,  in  like  manner  as  if  the  authors  were 

British  subjects; 
(c)  In  respect  of  residence  in  a  foreign  countrj^  to  which 
the  Order  relates,  in  like  manner  as  if  such  resi- 
dence were  residence  in  the  parts  of  His  Majesty's 
25  dominions  to  which  this  Act  extends; 

and  thereupon,  subject  to  the  provisions  of  this  Part  of 
this  Act  and  of  the  Order,  this  Act  shall  apply  accord- 
ingly:    . 

*  Provided  that — 
30  (i)  before  making  an  Order  in  Council  under  this  sec- 
tion in  respect  of  any  foreign  country  (other  than 
a  country  with  which  His  Majesty  has  entered 
into  a  convention  relating  to  copyright),  His 
Majesty  shall  be  satisfied  that  that  foreign  coun- 
35  try  has  made,  or  has  undertaken  to  make,  such 

provisions,  if  any,  as  it  appears  to  His  Majesty 
_  expedient  to  require  for  the  protection  of  works 
entitled   to   copyright   under   the  provisions   of 
Part  I.  of  this  Act; 
40       (ii)  the  Order  in  Council  may  provide  that  the  term  of 
copyright  within  such  parts  of  His  Majesty's 
dominions  as  aforesaid  shall  not  exceed  that  con- 
ferred by  the  law  of  the  country  to  which  the 
Order  relates; 


Application 
t  o  protector- 
ates. 


Power  to  ex- 
tend act  to  for- 
eign works. 


Reciprocal 
protection. 


30 


COPYRIGHT   IN   ENGLAND. 


Delivery  o ' 
foreign  books 
not  required. 


Conditions 
and  formalities. 


49  &  50  Vict. 
.33. 


Application 
of  Part  II.  to 
British  posses- 
sions. 


(iii)  the  provisions  of  this  Act  as  to  the  deUv^y  of 
copies  of  books  shall  not  apply  to  works  first 
pubUshed  in  such  country,  except  so  far  as  is 
provided  by  the  Order; 
(iv)  the  Order  in  Council  may  provide  that  the  enjoy-    5 
ment  of  the  rights  conferred  by  this  Act  shaU 
be  subject  to  the  accomplishment  of  such  con- 
ditions and  formahties  (if  any)  as  may  be  pre- 
scribed by  the  Order; 
(v)  in  applying  the  provision  of  this  Act  as  to  owner-  10 
ship  of  copyright,  the  Order  in  Council  may  make 
such  modifications  as  appear  necessaiy  having 
regard  to  the  law  of  the  foreign  country; 
(vi)  in  applying  the  provisions  of  this  Act  as  to  existing 

works,  the  Order  in  Council  may  make  such  15 
modifications  as  appear  necessary,  and  may  pro- 
vide that  notliing  in  those  provisions  as  so  ap- 
phed  shall  be  construed  as  reviving  any  right  of 
preventing  the  production  or  importation  of  any 
translation  in   any   case   where   the   right   has  20 
ceased  by  virtue  of  section  five  of  the  Interna- 
tional Copyright  Act,  1886. 
(2)  An  Order  in  Council  under  this  section  may  extend 
to  all  the  several  countries  named  or  described  therein. 

30.  (1)  An  Order  in  Council  under  this  Part  of  this  Act  25 
shall  apply  to  all  His  Majesty's  "dominions  to  which  this 
Act  extends  except  self-governing  dominions  and  any 
other  possession  specified  in  the  order  with  respect  to 
which  it  appears  to  His  Majesty  expedient  that  the  Order 
should  not  apply.  30 

(2)  The  Governor  in  Council  of  any  self-governing 
dominion  to  which  this  Act  extends  may,  as  respects  that 
dominion,  make  the  like  orders  as  under  this  Part  of  tliis 
Act  His  Majesty  in  Council  is  authorised  to  make  wdtli 
respect  to  His  Majesty's  dominions  other  than  self-govern-  35 
ing  dominions,  and  the  provisions  of  this  Part  of  this  Act 
shall,  with  the  necessary  modifications,  apply  according!}". 

(3)  Where  it   appears  to  His  Majesty   expedient   to 
except  from  the  provisions  of  any  order  any  part  of  liis 
dominions  not  being  a  self-governing  dominion,  it  shall  40 
be  la\^^ul  for  His  Majesty  by  the  same  or  am'  other  Order 

in  Council  to  declare  that  such  order  and  this  Part  of  this 
Act  shall  not,  and  the  same  shall  not,  apply  to  such  part, 
except  so  far  as  is  necessary  for  preventing  any  prejudice 
to  any  rights  acquired  previously  to  the  date  of  such  Order.  45 


COPYRIGHT  ACT,   1911:   SEC.   31. 

Part  III. 
SUPPLEIVIENTAL  PROVISIONS. 

31.  No  person  shall  be  entitled  to  copyright  or  any 
similar  right  in  any  literary,  dramatic,  musical,  or  artistic 

5  work,  whether  published  or  unpublished,  otherwise  than 
under  and  in  accordance  with  the  provi^ons  of  this  Act, 
or  of  any  other  statutory  enactment  for  the  time  being  in 
force,  but  nothing  in  this  section  shall  be  construed  as  ab- 
rogating any  right  or  jurisdiction  to  restrain  a  breach  of 
10  trust  or  confidence. 

32.  (1)  His  Majesty  m  Council  may  make  Orders  for 
altering,  revoking,  or  varying  any  Order  in  Council  made 
under  this  Act,  or  under  any  enactments  repealed  by  this 
Act,  but  any  Order  made  under  this  section  shall  not 

15  affect  prejudicially  any  rights  or  interests  acquired  or 
accrued  at  the  date  when  the  Order  comes  into  operation, 
and  shall  provide  for  the  protection  of  such  rights  and 
interests. 

(2)  Every  Order  in  Council  made  under  this  Act  shall 

20  be  published  in  the  London  Gazette  and  shall  be  laid 
before  both  Houses  of  Parliament  as  soon  as  may  be 
after  it  is  made,  and  shall  have  effect  as  if  enacted  in  this 
Act. 

33.  No  tiling  in  this  act  shall  deprive  any  of  the  univer- 
25  sities  and  colleges  mentioned  in  the  Copyright  Act,  1775, 

of  any  copyright  they  already  possess  under  that  Act, 
but  the  remedies  and  penalties  for  infringement  of  any 
such  copyright  shall  be  under  this  Act  and  not  under  that 
Act. 
30  34.  There  shall  continue  to  be  charged  on,  and  paid  out 
of,  the  Consolidated  Fund  of  the  United  Kingdom  such 
annual  compensation  as  was  immediately  before  the 
commencement  of  this  Act  payable  in  pursuance  of  any 
Act  as  compensation  to  a  library  for  the  loss  of  the  right 
35  to  receive  gratuitous  copies  of  books: 

Provided  that  this  compensation  shall  not  be  paid  to  a 

library  in  any  year,  unless  the  Treasury  are  satisfied  that 

the  compensation  for  the  previous  year  has  been  applied 

in  the  purchase  of  books  for  the  use  of  and  to  be  preserved 

40  in  the  library. 

35.  (1)  In  tliis  Act,  unless  the  context  otherwise 
requires — 

"Literar}'  work"  includes  maps,  charts,  plans,  tables, 
and  compilations; 


31 


Abrogation  of 
common  law 
rights. 


Provisions  as 
to  Orders  In 
Council. 


Saving  of  uni- 
versity copy- 
right. 15  Geo. 
3.  e.  53. 


Saving  of 
compensation 
to  certain  libra- 
ries. 


Interpreta- 
tion. 


32  COPYKIGHT   IN    ENGLAND. 

"Dramatic  work"  includes  any  piece  for  recitation, 
choreograpliic  work  or  entertainment  in  dumb 
show,  the  scenic  arrangement  or  acting  form  of 
which  is  fixed  in  WTiting  or  otherwise,  and  any 
cinematograph  production  where  the  arrangement  5 
or  acting  form  or  the  combmation  of  mcidents 
represented  give  the  work  an  original  character ; 

* 'Artistic  work"  includes  works  of  painting,  drawing, 
sculpture  and --artistic  craftsmansliip,  and  arclii- 
tectural     works     of    art     and     engravings     and  10 
photographs ;  ^ 

"Work  of  sculpture"  includes  casts  and  models; 

"Arcliitectural  work  of  art"  means  any  building  or 
structure  having  an  artistic  character  or  design, 
in  respect  of  such  character  or  design,  or  any  15 
model  for  such  buildmg  or  structure,  provided 
that  the  protection  afforded  by  tliis  Act  shall  be 
confined  to  the  artistic  character  and  design,  and 
shall  not  extend  to  processes  or  methods  of 
construction;  20 

"Engravings"  include  etchings,  hthographs,  wood- 
cuts, prints,  and  other  similar  works,  not  being 
photographs ; 

"Photograph"    includes    photo-hthograph    and    any 
work    produced    by    any    process    analogous    to  25 
photography ; 

"Cinematograph"  includes  any  work  produced  by 
any  process  analogous  to  cinematography; 

"Collective  work"  means — 

(a)  an   encyclopsedia,   dictionary,   year  book,   or  30 

similar  work; 
(&)  a   newspaper,    review,    magazine,    or   similar 

periodical ;  and 
(c)  any  work  written  in  distinct  parts  by  different 
authors,  or  in  which  works  or  parts  of  works  of  35 
different  authors  are  incorporated ; 

"Infringing,"  when  applied  to  a  copy  of  a  work  in 
which  copyright  subsists,  means  any  copy,  includ- 
ing any  colourable  imitation,  made,  or  imported 
in  contravention  of  the  provisions  of  this  Act ;  40 

"Performance"  means  any  acoustic  representation 
of  a  work  and  any  visual  representation  of  any 
dramatic  action  in  a  work,  including  such  a  repre- 
sentation made  by  means  of  any  mechanical 
instrument ;  45 


COPYRIGHT  ACT,   1911:   SEC.   35.  33 

"Delivery,"  in  relation  to  a  lecture,  includes  delivery 

by  means  of  any  mechanical  instrument ; 
"Plate"    includes    any    stereotype    or    other    plate, 
stone,  block,  mould,  matrix,  transfer,  or  negative 
5  used  or  intended  to  be  used  for  printing  or  re- 

producing copies  of  any  work,  and  any  matrix 
or  other  appliance  by  which  records,  perforated 
rolls  or  other  contrivances  for  the  acoustic  repre- 
sentation of  the  work  are  or  are  intended  to  be 
10  made; 

"Lecture"    includes  address,    speech,  and  sermon; 
"Self-governing  dominion"  means  the  Dominion  of 
Canada,    the    Commonwealth    of   Australia,    the 
Dominion  of  New  Zealand,  the  Union  of  South 
15  Africa,  and  Newfoundland.  n 

(2)  For  the  purposes  of  this  Act  (other  than  those 
relating  to  infringements  of  copyright),  a  work  shall  not 
be  deemed  to  be  published  or  performed  in  public,  and 
a  lecture  shall  not  be  deemed  to  be  deUvered  in  public, 

20  if  pubhshed,  performed  in  pubKc,  or  delivered  in  pubhc, 
without  the  consent  or  acquiescence  of  the  author,  his 
executors  administrators  or  assigns. 

(3)  For  the  purposes  of  this  Act,   a  work  shall  be      simultaneous 

,i  iTii'1-1  ff    TT-        publication. 

deemed  to   be  first  published  Avithm  the  parts  or  His 
25  Majesty's  dominions  to  which  this  Act  extends,  notwith- 
standing that  it  has  been  published  simultaneously  in 
some  other  place,  unless  the  pubhcation  in  such  parts  of 
His  Majesty's  dominions  as  aforesaid  is  colourable  only 
and  is  not  intended  to  satisf}'  the  reasonable  requirements 
30  of  the  public,  and  a  work  shall  be  deemed  to  be  published' 
simultaneously  in  two  places  if  the  time  between  the 
pubhcation  in  one  such  place  and  the  pubhcation  in  the 
other  place  does  not  exceed  fourteen  days,  or  such  longer 
period  as  may,  for  the  time  being,  be  fixed  by  Order  in 
35  Council. 

(4)  Wliere,  in  the  case  of  an  unpublished  work,  the  ^Yrk"^re^^. 
making  of  a  work  has  extended  over  a  considerable  domfni°m'^^ 
period,  the  conditions  of  this  Act  conferring  copjTight 

shall  be  deemed  to  have  been  compUed  with,  if  the  author 
40  was,  during  any  substantial  part  of  that  period,  a  British 
subject  or  a  resident  ^vithin  the  parts  of  His  Majesty's 
dominions  to  which  this  Act  extends. 

(5)  For  the  purposes  of  the  provisions  of  this  Act  as  to 
residence,  an  author  of  a  work  shall  be  deemed  to  be  a 

45  resident  in  the  parts  of  His  Majest^^'s  dominions  to  which 
this  Act  extends  if  he  is  domiciled  within  any  such  part. 


34 


COPYRIGHT  IN   ENGLAND. 


Kepeal. 


Short  title 
and  commence- 
ment. 


Section  24. 


36.  Subject  to  the  provisions  of  tliis  Act,  the  enact- 
ments mentioned  in  the  Second  Schedule  to  this  Act 
are  hereby  repealed  to  the  extent  specified  in  the  third 
column  of  that  schedule: 

Pro\dded  that  this  repeal  shall  not  take  effect  in  any    5 
part  of  His  Majesty's  dominions  until  this  Act  comes 
into  operation  in  that  part. 

37.  (1)  This  Act  maybe  cited  as  the  Copyright  Act, 
1911. 

(2)  This  Act  shall  come  into  operation —  10 

(a)  in  the  United  Kingdom,  on  the  first  day  of  July 
nineteen  hundred  and  twelve  or  such  earlier  date 
as  may  be  fixed  by  Order  in  Council; 
(h)  in  a  self-governing  dominion  to  which  this  Act 
extends,   at  such  date  as  may  be  fixed  by  the  15 
Legislature  cf  that  dominion; 

(c)  in  the  Channel  Islands,  at  such  date  as  may  be 
fixed  by  the  States  of  those  islands  respectively; 

(d)  in  any  other  British  possession  to  which  this  Act 
extends,  on  the  proclamation  thereof  within  tlie  20 
possession  by  the  Governor. 

SCHEDULES. 
FIRST  SCHEDULE. 

EXISTING  RIGHTS. 


Existing  Right. 


Substituted  Right. 


'Jo 


Copyright 
defined. 


(a)  In  the  C2se  cf  M'orks  other  than  Dramatic  and  Musical  ^Vorks. 
Copyright.  |  Copyright  as  defined  by  this  Aet.i 

(b)  In  the  case  of  Musical  and  Dramatic  Ttbrfc*. 
Copyright  as  defined  by  this  Act.i 


Both  copyright  and  perform- 
ing right. 

Copyright, ^ut  not  performing 
right. 

Performing  right  but  not  copy- 
right. 


Copjrright  as  defined  by  this  Act,  except  tlie  sole  right  30 
to  perform  the  work  or  any  substantial  part  thereof  in 
public. 

The  sole  right  to  perform  the  work  in  public,  but  none 
of  the  other  rights  comprised  in  copyright  as  defined   „  - 
by  this  Act.  oO 


For  the  purposes  of  this  Schedule  the  following  ex- 
pressions, where  used  in  the  first  column  thereof,  have  the 
following  meanings: 

"Copyright,"  in  the  case  of  a  work  which  according  to 
the  law  in  force  immediately  before  the  commence-  40 

1  In  the  case  of  an  essay,  article,  or  portion  forming  part  of  and  first  published  in  a 
review,  magazine,  or  other  periodical  or  work  of  a  like  nature,  the  right  snail  be  subject 
to  any  right  of  publishing  the  essay,  article,  or  portion  in  a  separate  form  to  which  the 
author  is  entitled  at  the  commencement  of  this  Act,  or  would,  if  this  Act  had  nbt  been 
passed,  have  become  entitled  under  section  eighteen  of  the  Copyright  Act,  1842. 


COPYRIGHT  ACT,   1911:    SCHEDULES. 


35 


10 


ment  of  this  Act  has  not  been  pubhshed  before  that 
date  and  statutory  copyright  wherein  depends  on 
pubhcation,  includes  the  right  at  common  law  (if 
any)  to  restrain  publication  or  other  dealing  with 
the  work; 
"Performing  right,"  in  the  case  of  a  work  which  has 
not  been  performed  in  public  before  the  commence- 
ment of  this  Act,  includes  the  right  at  common  law 
(if  any)  to  restrain  the  performance  thereof  in 
public. 

SECOND  SCHEDULE. 


Performing 
right  defined. 


ENACTMENTS  REPEALED. 


Section  36. 


Session  and 
Cliapter 


8  Geo.  2.  c.  13 

7  Geo.  3.  c.  38 

15  Geo.  3.  c.  53 

17  Geo.  3.  c.  57 

54  Geo.  3.  c.  56 

3&4  Will.  4.  c.  15.. 
5&0  Will.  4.0.  65... 
6&7WiU.4.c.59... 

6&7  Will.  4.0.110. 
5&  6  Vict.  c.  45.... 
7&8  Vict.  c.  12.... 
lO&ll  Vict.  0.95.. 
15&16Vict.  c.  12.. 
25&26Vict.  c.  68.. 


38  &  39  Vict.  c.  12. 

39  &  40  Vict.  C.  36. 


45&46Vict.  0.  40.. 


49  &  50  Vict.  c.  33. 
51  &  52  Vict.  c.  17. 


52  &  53  Vict.  c.  42. 


6  Edw.  7.  c.  36. 


Short  Title 


The  Engraving  Copyright  Act,  1734. . 
The  Engraving  Copyright  Act,  1767.. 

The  Copyright  Act,  1775 

The  Prints  Copyright  Act,  1777 

The  Sculpture  Copyright  Act,  1814. . . 
The  Dramatic  Copyright  Act,  1833. . . 

The  Lectures  Copyright  Act,  1835 

The  Prints  and  Engravings  Copyright 
(Ireland)  Act,  1836. 

The  Copyright  Act,  1836 

The  Copyright  Act,  1842 

The  International  Copyright  Act,  1844 

The  Colonial  Copyright  Act,  1847 

The  International  Copyright  Act,  1852 
The  Fine  Arts  Copyright  Act,  1862... 


The  International  Copyright  Act,  1875. 
The  Customs  Consolidation  Act,  1876.. 


The  Copyright  (Musical  Compositions) 

Act,  1882. 
The  International  Copyright  Act,  1886. 
The  Copyright  (Musical  Compositions) 

Act,  1888. 
The  Revenue  Act,  1889 


The  Musical  Copyright  Act,  1906. 


Extent  of  Repeal 


The  whole  Act. 
The  whole  Act. 
The  whole  Act. 
The  whole  Act. 
The  whole  Act. 
The  whole  Act. 
The  whole  Act. 
The  whole  Act. 

The  whole  Act. 

The  whole  Act. 

The  whole  Act. 

The  whole  Act. 

The  whole  Act. 

Sections  one  to  six.  In 
section  eight  the  words 
"and  pursuant  to  any 
Act  for  the  protection 
of  copyright  engrav- 
ings," and  "and  in  any- 
such  Act  as  aforesaid". 
Sections  nine  to  twelve. 

The  whole  Act.    ' 

Section  forty-two,  from 
"Books  wherein"  to 
"such  copyright  will 
expire".  Sections  forty- 
four,  forty-five  and  one 
hundred  and  fifty-two. 

The  whole  Act. 

The  whole  Act. 
The  whole  Act. 

Section  one.  from  "  Books 
first  published"  to  "as 
provided  in  that  sec- 
tion." 

In  section  three  the 
words  "  and  which  has 
been  registered  in  ac- 
cordance with  the  pro- 
visions of  the  Copy- 
right Act,  1842,  or  of 
the  International  Copy- 
right Act,  1844,  which 
registration  may  be 
enected  notwithstand- 
ing anything  in  the 
International  Copy- 
right Act,  188G." 


See  pages  37- 


See  pages  39- 
40. 


See  pages  40- 


41 


See  pages  42- 


44. 


[From  the  official  edition  of  the  Act  printed  by  Eyre  and  Spottiswoode  for  Rowland 
Bailey,  the  King's  Printer,  London,    ii,  29  pp.    sm.  4°.] 


Addenda, 
PREVIOUS  COPYRIGHT  ACTS  NOT  REPEALED. 

[Repealed  matter  indicated  by  italics  and  braclcets.] 


The  Fine  Arts  Copyright  Act,  1862. 

6  25  AND  26  Victoria,  Chapter  68. 

AN  ACT  for  amending  the  Law  relating  to  Copyright  in  Works  of  the  Act  25  and  26 
Fine  Arts,  and  for  repressing  the  Commission  of  Fraud  in  the  Pro-  Vict.,  c  68, 1862. 
duction  and  Sale  of  such  Works.     [29th  July  1862.] 

Whereas  by  Law,  as  now  established,  the  Authors  of 

10  Paintings,  Dramngs,  and  Photographs  have  no  Copy- 
right in  such  their  Works,  and  it  is  expedient  that  the 
Law  should  in  that  respect  be  amended;  Be  it  therefore 
enacted  by  the  Queen's  most  Excellent  Majesty,  by  and 
with  the  Advice  and  Consent  of  the  Lords  Spiritual  and 

15  Temporal,    and   Commons,   in   tliis   present   ParUament 
assembled,  and  by  the  Authority  of  the  same,  as  follows: 
[Sections  1-6  are  repealed  hy  the  Copyright  Act,  1911.] 
7.  No  Person  shall  do  or  cause  to  be  done  any  or  either      i-enaitia.  on 
of  the  following  Acts ;  that  is  to  say,  auctions   and 

20     First,  no  Person  shall  fraudulently  sign  or  otherwise    ^^■ 
affix,  or  fraudulently  cause  to  be  signed  or  otherwise 
affixed,  to  or  upon  any  Painting,  Drawing,  or  Photograph,        ^ 
or  the  Negative  thereof,  any  Name,  Initials,  or  Mono- 
gram: 

25  Secondly,  no  Person  shall  fraudulently  sell,  pubhsh, 
exliibit,  or  dispose  of,  or  offer  for  Sale,  Exhibition,  or 
Distribution,  any  Painting,  Drawing,  or  Photograph,  or 
Negative  of  a  Photograph,  having  thereon  the  Name, 
Initials,  or  Monogram  of  a  Person  who  did  not  execute 

30  or  make  such  Work: 

Tliirdly,  no  Person  shall  fraudulently  utter,  dispose  of, 
or  put  off,  or  cause  to  be  uttered  or  disposed  of,  any  Copy 
or  colourable  Imitation  of  any  Painting,  Drawing,  or 
Photograph,  or  Negative  of  a  Photograph,  whether  there 

35  shall  be  subsisting  Copyright  therein  or  not,  as  having 
been  made  or  executed  by  the  Author  or  Maker  of  the 
original  Work  from  wliich  such  Copy  or  Imitation  shall 
have  been  taken: 

37 


38 


COPYRIGHT   IN   ENGLAND. 


Penal  ti  JS. 


Recovery  o  f 
pecuniary  Pen- 
alties. 


Words  in 
brackets  and 
italics  repealed 
by  Copyright 
Act,  1911. 


Fourthly,  where  the  Author  or  Maker  of  any  Painting, 
Drawing,  or  Photograph,  or  Negative  of  a  Photograph, 
made  either  before  or  after  the  passing  of  tliis  Act,  shall 
have  sold  or  otherwise  parted  with  the  Possession  of  such 
Work,  if  any  Alteration  shall  afterwards  be  made  therein  5 
by  any  other  Person,  by  Addition  or  otherwise,  no  Person 
shall  be  at  liberty  during  the  Ufe  of  the  Author  or  Maker 
of  such  Work,  without  his  Consent,  to  make  or  knowingly 
to  sell  or  pubhsh,  or  offer  for  Sale,  such  Work  or  any 
Copies  of  such  Work  so  altered  as  aforesaid,  or  of  any  Part  10 
thereof,  as  or  for  the  unaltered  Work  of  such  Author  or 
Maker: 

Every  Offender  under  this  Section  shall,  upon  Con- 
viction, forfeit  to  the  Person  aggrieved  a  Sum  not  exceed- 
ing Ten  Pounds,  or  not  exceeding  double  the  full  Price,  if  15 
any,  at  wliich  all  such  Copies,  Engravings,  Imitations,  or 
altered  Works  shall  have  been  sold  or  offered  for  Sale ;  and 
all  such  Copies,  Engravings,  Imitations,  or  altered  Works 
shall  be  forfeited  to  the  Person,  or  the  Assigns  or  legal 
Representatives  of  the  Person,  whose  Name,  Initials,  or  20 
Monogram  shall  be  so  fraudulently  signed  or  afhxed  thereto, 
or  to  whom  such  spurious  or  altered  Work  shall  be  so  fraud- 
ulently or  falsely  ascribed  as  aforesaid :  Provided  always, 
that  the  Penalties  imposed  by  this  Section  shall  not  be 
incurred  unless  the  Person  whose  Name,  Initials,  or  Mono-  25 
gram  shall  be  so  fraudulently  signed  or  afhxed,  or  to  whom 
such  spurious  or  altered  W  ork  shall  be  so  fraudulently  or 
falsely  ascribed  as  aforesaid,  shall  have  been  living  at  or 
within  Twenty  Years  next  before  the  Time  when  the 
Offence  may  have  been  committed.  30 

8.  All  pecuniary  Penalties  which  shall  be  incurred, 
and  all  such  unlawful  Copies,  Imitations,  and  all  other 
Effects  and  Things  as  shall  have  been  forfeited  by 
Offenders,  pursuant  to  this  Act,  [and  pursuant  to  any  Act 
for  the  Protection  of  Copyright  Engravings,]  may  be  recov-  35 
ered  by  the  Person  herein-before  {and  in  any  such  Act  as 
aforesaid]  empowered  to  recover  the  same  respectively, 
and  herein-after  called  the  Complainant  or  the  Com- 
plainer,  as  follows: 

In  England  and  Ireland,  either  by  Action  against  the  40 
Party  offending,  or  by  summary  Proceeding  before  any 
two  Justices  having  Jurisdiction  where  the  Party  offend- 
ing resides: 

In  Scotland  by  Action  before  the  Court  of  Session  in 
ordinary  Form,  or  by  summary  Action  before  the  Sheriff  45 


ACT   OF   39   AND  40  VICTORIA,   CHAP.   36,  1876. 


39 


of  the  County  where  the  Offence  may  be  committed  or 
the  Offender  resides,  *  *  *  ^nd  any  Judgment  so 
to  be  pronounced  by  the  Sheriff  in  such  summary  Appli- 
cation shall  be  final  and  conclusive,  and  not  subject 
5  to  Review  by  [Advocation,]  Suspension,  Reduction,  or 
otherwise. 

[Sees.  9-12  repealed  hy  the  Copyright  Act,  1911.] 

[From  "The  statutes  of  the  United  Kingdom  of  Great  Britain  and  Ireland."    Vol. 
25,  4°.    By  G:  Kettilby  Rickards.    London,  G:  E:  Eyre  and  W:  Spotliswoode,  1S62, 
10  pp.  750-752.] 


The  Customs  Consolidation  Act,  1876. 

39  AND  40  Victoria,  Chapter  36. 
AN  ACT  to  consolidate  the  Customs  Laws.     [24th  July  1876.] 

AS  TO  THE  IMPORTATION,  PROHIBITION,  ENTRY,  EXAMINA- 
15  TION,    LANDING,    AND    WAREHOUSING    OF    GOODS. 

4:  :)!  4:  :):  ^ 

42.  The  goods  enumerated  and  described  in  the  follow- 
ing table  of  prohibitions  and  restrictions  inwards  are 
hereby  prohibited  to  be  imported  or  brought  into  the 
United  Kingdom,  save  as  thereby  excepted,  and  if  any 
20  goods  so  enumerated  and  described  shall  be  imported  or 
brought  into,  the  United  Kingdom  contrary  to  the  prohi- 
bitions or  restrictions  contained  therein,  such  goods  shall 
be  forfeited,  and  may,  be  destroyed  or  otherwise  disposed 
of  as  the  Commissioners  of  Customs  may  direct. 

25  a    table    OF   PROHIBITIONS    AND    RESTRICTIONS    INWARDS. 

Goods  prohibited  to  he  imported. 

[BooTcs  wherein  tJie  copyright  shall  he  first  subsisting, 
first  composed,  or  written  or  printed,  in  the  United  King- 
dom, and  printed  or  reprinted  in  any  other  country,  as 
30  to  which  the  proprietor  of  such  copyright  or  his  agent  shall 
have  given  to  the  Commissioners  of  Customs  a  notice  in 
uniting,  duly  declared,  that  such  copyright  subsists,  such 
notice  also  stating  when  such  copyright  will  expire.] 


Act  39  and  40 
Vict.,  c.  36, 1876. 


Prohibitions 
and  restric- 
tions. 


Repealed  by 
copyright  act, 
1911:  butsee  sec. 
14  of  act  of  1911, 
p.  17. 


Indecent  or  obscene  prints,  paintings,  photographs, 
35  books,  cards,  hthographic  or  other  engravings,  or  any 
other  indecent  or  obscene  articles. 

[Sees.  44  <^i^  4^  ^^6  repealed  hy  the  Copyright  Act,  1911.] 


40 


COPYRIGHT   IN   ENGLAND. 


(.'ustoms  acts 
to  extend  to 
British  posses- 
sions abroad, 
except  where 
otherwise  pro- 
vided for. 


151.  The  Customs  Acts  shall  extend  to  and  be  of  full 
force  and  effect  in  the  several  British  possessions  abroad, 
except  where  otherwise  expressly  provided  for  by  the 
said  Acts,  or  limited  by  express  reference  to  the  United 
Kingdom  or  the  Channel  Islands,  and  exce})t  also  as  to  5 
any  such  possession  as  shall  by  local  Act  or  ordinance 
have  provided,  or  may  hereafter,  with  the  sanction  and 
approbation  of  Her  Majesty  and  her  successors,  make 
entire  provision  for  the  management  and  regidation  of 
the  Customs  of  any  such  possession,  or  make  in  like  man-  10 
ner  express  provisions  in  lieu  or  variation  of  anj^  of  the 
clauses  of  the  said  Act  for  the  piu-poses  of  such  posses- 
sion. 

[Sec.  152  repealed  hy  the  Copyright  Act,  1911.]    • 

[From  "The  Law  Reports.    The  Public  General  Statutes,  1876."    Vol.  11,  8"".    Lon-  1 5 
don,  William  Clowes  and  Sons,  1876,  pp.  171,  181-182,  210.] 


Act  2    Edw. 
7,  c.  15,  1902. 

See  page  16,  1 
35. 


Seizure,  &e., 
of  pirated  cop- 
ies. 


Power  to  seize 
copies  on  hawk- 
ers. 


The  Musical  (Summary  Proceedings)  Copyright 
Act,  1902. 

2  Edward  VII.,  Chapter  15. 

AN  ACT  to  amend  the  Law  relating  to  Musical  Copyright.    [22nd  20 
July,  1902.] 

Be  it  enacted  by  the  King's  most  Excellent  Majesty,  by 
and  with  the  advice  and  consent  of  the  Lords  Spu'itual  and 
Temporal,  aijd  Commons,  in  this  present  Parliament  as- 
sembled, and  by  the  authority  of  the  same,  as  follows:      25 

1.  A  court  of  summary  jurisdiction,  upon  the  applica- 
tion of  the  owner  of  the  copyright  in  any  musical  work, 
may  act  as  follows :  If  satisfied  by  evidence  that  there  is 
reasonable  ground  for  believing  that  pirated  copies  of 
such  musical  work  are  being  hawked,  carried  about,  sold  30 
or  offered  for  sale,  may,  by  order,  authorise  a  constable 
to  seize  such  copies  without  warrant  and  to  bring  them 
before  the  court,  and  the  court,  on  proof  that  the  copies 
are  pirated,  may  order  them  to  destroyed,  or  to  be 
delivered  up  to  the  owner  of  the  copyright  if  he  makes  35 
application  for  that  delivery. 

2.  If  any  person  shall  hawk,  carry  about,  sell  or  offer  for 
sale  any  pirated  copy  of  any  musical  work,  every  such 
pirated  copy  may  be  seized  by  any  constable  without  war- 
rant, on  the  request  in  writing  of  the  apparent  owner  of  the  40 
copyright  in  such  work,  or  of  his  agent  thereto  author- 
ised in  writing,  and  at  tlie  risk  of  such  owner. 


ACT   OF   6   EDWAED   1,   CHAP.   36,  1906. 


41 


On  seizure  of  any  such  copies,  they  shall  be  conveyed 

by  such  constable  before  a  court  of  summary  jurisdiction, 

and,  on  proof  that  they  are  infringements  of  copyright, 

shall  be  forfeited  or  destroyed,  or  otherwise  dealt  with,  as 

5    the  court  may  think  fit. 

3.  "Musical  copyright"  means  the  exclusive  right  of 
the  owner  of  such  copyright,  under  the  Copyright  Acts 
in  force  for  the  time  being,  to  do,  or  to  authorise  another 
person  to  do,  all  or  any  of  the  following  things  in  respect 

10 of  a  musical  work: — 

(1)  To  make  copies  by  writing  or  otherwise  of  such 
musical  work. 

(2)  To  abridge  such  musical  work. 

(3)  To   make   any  new   adaptation,    arrangement  or 
15         setting   of   such   musical   work,   or   of   the  melody 

thereof,  in  any  notation  or  system. 
"Musical  work"  means  any  combination  of  melody 
and  harmony,  or  either  of  them,  printed,  reduced  to 
writing,  or  otherwise  graphically  produced  or  reproduced. 
20  "Pirated  musical  work"  means  any  musical  work  writ- 
ten, printed  or  otherwise  reproduced,  without  the  consent 
lawfully  given  by  the  owner  of  the  copyright  in  such 
musical  work. 

4.  This  Act  may  be  cited  as  The  Musical  (Summary 
25  Proceedings)  Copyright  Act,  1902,  and  shall  come  into 

operation  on  the  first  day  of  October  one  thousand  niue 
hundred  and  two,  and  shall  apply  only  to  the  United 
Kingdom. 

[From  "  The  Law  Reports.    The  Public  General  Statutes,  1902."    VoL  40, 8°.    Lon- 
30  don,  William  Clowes  &  Sons,  Ltd.,  1903,  p.  18.] 


Definitions. 


Short  title 
and  commence- 
ment. 


Act6Edw.7, 
e.  36, 1906. 


The  Musical  Copyright  Act,  1906. 

6  Edward  VII.,  Charter  36. 

AN  ACT  to  amend  the  law  relating  to  Musical  Copyright.      [4th 
August  1906.] 

35     Be  it  enacted  by  the  King's  most  Excellent  Majesty,  by   seepagei6,L35 
and  with  the  advice  and  consent  of  the  Lords  Spiritual  and 
Temporal,  and  Commons,  in  this  present  Parliament  as- 
sembled, and  by  the  authority  of  the  same,  as  follows: 
1.   (1)  Every  person  who  prints,  reproduces,  or  sells,  or 

40  exposes,  offers,  or  has  in  his  possession  for  sale,   any 
pirated  copies  of  any  musical  work,  or  has  in  his  possession 


Penaltyi  for 
being  in  pos- 
session of  pi- 
rated music 


42 


COPYRIGHT   IX   ENGLAND. 


Constable 
may  take  into 
custody  with- 
out warrant. 


38 
Vict. 


and 
c.  62. 


39 


Right  of 
entry  by  police 
for  execution  of 
act. 


any  plates  for  the  purpose  of  printing  or  reproducing 
pirated  copies  of  any  musical  work,  shall  (unless  he  proves 
that  he  acted  innocently)  be  guilty  of  an  offence  punish- 
able on  summary  conviction,  and  shall  be  liable  to  a  fine 
not  exceeding  five  pounds,  and  on  a  second  or  subsequent  5 
conviction  to  imprisonment  with  or  without  hard  labour 
for  a  term  not  exceeding  two  months  or  to  a  fine  not 
exceeding  ten  pounds:  Provided  that  a  person  convicted 
of  an  offence  under  this  Act  who  has  not  previously  been 
convicted  of  such  an  offence,  and  who  proves  that  the  1 0 
copies  of  the  musical  work  in  respect  of  which  the  offence 
was  committed  had  printed  on  the  title  page  thereof  a 
name  and  address  purporting  to  be  that  of  the  printer  or 
pubHsher,  shall  not  be  liable  to  any  penalty  under  this 
Act  unless  it  is  proved  that  the  copies  were  to  his  knowl- 15 
edge  pirated  copies. 

(2)  Any  constable  may  take  into  custody  wdthout  war- 
rant any  person  who  in  any  street  or  public  place  sells  or 
exposes,  offers,  or  has  in  his  possession  for  sale  any  pirated 
copies  of  any  such  musical  work  as  may  be  specified  in  any  20 
general  written  authority  addressed  to  the  chief  officer  of 
police,  and  signed  by  the  apparent  owner  of  the  copyright 
in  such  work  or  his  agent  thereto  authorised  in  writing, 
requesting  the  arrest,  at  the  risk  of  such  owner,  of  all 
persons  found  committing  offences  under  this  section  in  25 
respect  to  such  work,  or  who  offers  for  sale  any  pirated 
copies  of  any  such  specified  musical  work  by  personal 
canvass  or  by  personally  dehvering  advertisements  or 
circulars. 

(3)  A  copy  of  every  written  authority  addressed  to  a  30 
chief  officer  of  police  under  this  section  shall  be  open  to 
inspection  at  all  reasonable  hours  by  any  person  without 
payment  of  any  fee,  and  any  person  may  take  copies  of 
or  make  extracts  from  any  such  authority. 

(4)  Any  person  aggrieved  by  a  summary  conviction  35 
under  this  section  may  in  England  or  Ireland  appeal  to  a 
court  of  quarter  sessions,  and  in  Scotland  under  and  in 
terms  of  the  Summary  Prosecutions  Appeals  (Scotland) 
Act,  1875. 

2. — (1)  If  a  court  of  summary  jurisdiction  is  satisfied  40 
by  information  on  oath  that  there  is  reasonable  ground  for 
suspecting  that  an  offence  against  this  Act  is  being  com- 
mitted on  any  premises,  the  court  may  grant  a  search 
warrant  authorising  the  constable  named  therein  to  enter 


ACT   OF   6   EDWARD  7,   CHAP.   36,   1906. 


43 


the  premises  between  the  hours  of  six  of  the  clock  in  the 
morning  and  nine  of  the  clock  in  the  evening,  and,  if 
necessary,  to  use  force  for  making  such  entry,  whether  by 
breaking  open  doors  or  otherwise,  and  to  seize  any  copies 
5  of  any  musical  work  or  any  plates  in  respect  of  which  he 
has  reasonable  ground  for  suspecting  that  an  offence 
against  this  Act  is  being  committed. 

(2)  All  copies  of    any  musical  work  and  plates  seized 
under  this  section  shall  be  brought  before  -a  court  of 
10  summary  jurisdiction,  and  if  proved  to  be  pirated  copies 
or  plates  intended  to  be  used  for  the  printing  or  repro- 
duction of  pirated  copies  shall  be'forfeited  and  destroyed 
or  otherwise  dealt  with  as  the  court  think  fit. 
3.  In  this  Act — 
15     The  expression  ''pirated  copies"  means  any  copies  of 
any  musical  work  written,  printed,  or  otherwise  repro- 
duced without  the  consent  lawfully  given  by  the  owner 
of  the  copyright  in  such  musical  work: 

The  expression  ''musical  work"  means  a  musical  work 
20  in  which  there  is  a  subsisting  copyright,  [and  which  has 
been  registered  in  accordance  with  the  provisions  of  the 
Copyright  Act,   184^,   or  of  the  International   Copyright 
Act,  1844,  'which  registration  nnay  be  effected  notwithstand- 
ing anything  in  the  International  Copyright  Act,  1886]: 
25     The  expression  "plates"  includes  any  stereotype  or 
other  plates,   stones,   matrices,   transfers,   or  negatives 
used  or  intended  to  be  used  for  printing  or  reproducing 
copies  of  any  musical  work:  Provided  that  the  expres- 
sions "pirated  copies"  and  "plates"  shall  not,  for  the 
30  purposes  of  this  Act,  be  deemed  to  include  perforated 
music  rolls  used  for  playing  mechanical  instruments,  or 
records  used  for  the  reproduction  of  sound  waves,  or  the 
matrices   or   other   appHances   by  which  such  roUs   or 
records  respectively  are  made : 
35     The  expression  "chief  officer  of  police" — 

(a)  with  respect  to  the  City  of  London,  means  the 

Commissioner  of  City  Police ; 
(6)  elsewhere  in  England  has  the  same  meaning  as  in 
the  Police  Act,  1890; 
40      (c)   in  Scotland  has  the  same  meaning  as  in  the  Police 
(Scotland)  Act,  1890; 
{d)  in  the  police  district  of  Dublin  metropolis  means 
either  of  the  Conmiissioners  of  Police  for  the  said 
,     district : 


Definitions: 
"Pirated 
copies." 


"Musical 
work." 

Words  in 
brackets  and 
italics  repealed 
by  copyright 
act,  1911. 


'Plates.' 


"Chief  oflBcer 
of  police." 


53    and    54 
Vict.,  c.  45. 

53    and    54 
Vict.,  c.  67. 


44  COPYRIGHT   IN   ENGLAND. 

(e)  elsewhere  in  Ireland  means  the  District  Inspector 
of  the  Royal  Irish  Constabulary: 
"Court   of       "pj^g  expression  ''court  of  summary  jurisdiction''  in 
dicuon."  Scotland  means  the  sheriff  or  any  magistrate  of  any  royal, 

parliamentary,  or  poHce  burgh  officiating  under  the  pro-   5 
visions  of  any  local  or  general  police  Act. 
Short  tiUe.  4,  Tliis  Act  may  be  cited  as  the  Musical  Copyright  Act, 

1906. 

[From  "The  Law  Reports.    The  Public  General  Statutes,  1906."    Vol.  44,  8" 
London,  Rowland  Bailey,  1900,  pp.  98-100.1  JQ 


INDEX 


The  references  in  the  following  index  are  to  page  and  line. 


Acoustic  representation  of  a  work  is  "per- 
formance," p.  32:40;  p.  33:5. 
Action,  limitation  of,  p.  15:35. 
Adaptation: 

Of  copyright  works  to  mechanical 

instruments,  p.  21:25. 
Of  music,  right  to  make,  p.  41:15. 
Additions  contained  in  second  edition, 

p.  19:10. 
Address: 

Included  in  "lecture,"  p.  33:10. 
Newspaper  report  of ,  p.  11 :20;  p.  24:25. 
Administrators  of  author,  p.  33:20. 
Advertisements  by  publisher,  of  literary 

works  for  schools,  p.  11:5. 
Advocates  Library,  Edinburgh,  deposit  of 

copy  for,  p.  18:20. 
Alterations: 

In  musical  work  published  prior  to 

act  of  1911,  p.  23:5. 
In  second  edition,  p.  19:10. 
In  work  reproduced  mechanically  p. 
21:20. 
Appeal  in  copyright  suits,  p.  16:40. 
Appeal  under  musical  copyright  act,  p. 

42:35. 
Arbitration: 

In  case  of  existing  assignments,  p. 

26:5;  p.  26:40. 
In  case  of  royalties,  p.  22:25. 
Architectural  work  of  art: 

Construction  of  does  not  constitute 

publication,  p.  10:20. 
Included  in  "  artistic  work, "  p.  32:10. 
Interpretation  of  term,  p.  32:15. 
Issue  of  photographs  and  engravings 
does  not  constitute  publication,  p. 
10:25. 
Making  or  publishing  of  paintings, 

drawings,  etc.,  of,  p.  11:1. 
See  also  BuUding. 
Arrangement  of  music,  right  to  make,  p. 

41:15. 
Article  contributed    to   periodical.    See 
Periodical  contributions. 


Artistic  craftsmanship,  work  of: 

Infringement  of  copyright,  p.  10:45. 
Included  in  "artistic  work, "  p.  32:10. 
Artistic  work: 

Copyright  in,  p.  9:15. 

Copyright  in,  a  statutory  right,  p. 

31:5. 
Exhibition  in  public  does  not  consti- 
tute publication,  p.  10:20. 
Fine  Arts  Copyright  Act,  1862,  p.  37:5. 
International  copyright,  p.  29:10. 
Interpretation,  p.  32:10. 
Mould,  cast,  sketches  or  studies  for, 

p.  10:35. 
Right  to  convert  into  dramatic  work, 

p.  10:5. 
Assignee  of  author: 

Of  musical  work,  p.  23:25. 
Publication  without  consent  of,  p. 

33:20. 
Assignment  of  copyright: 

Existing  at  commencement  of  act  of 

1911,  p.  25:30. 
In  collective  work,  p.  14:5. 
In  musical  work,  p.  23:20. 
Must  be  in  writing,  p.  13:30. 
Not  operative  beyond  25  years  after 

author's  death,  p.  13:40. 
Owner  may  assign,  p.  13:25. 
Partial  assignment,  p.  14:10. 
Australia,  p.  33:15. 
Author: 

Assignment  before  act  of  1911,   p. 

25:30. 
Assignment  of  copyright  not  opera- 
tive  beyond    25    years   after   his 

death,  p.  13:40. 
British  subject  or  resident,  p.  9:20; 

p.  27:20. 
Copyright  subsists  during  life  of,  and 

50  years  after  death,  p.  12:10. 
Employed    by   another    person,    p. 

13:15. 
First  owner  of  copyright,  p.  13:1. 
Foreign,  p.  29:15. 

45 


46 


INDEX. 


Author — Continued . 

Foreign,  first  publishing  in  British 

dominions,  p.  25:5. 
In  case  of  mechanical  instruments, 

defined,  p.  20:40. 
Includes  legal   personal  representa- 
tives of  deceased  author,  p.  26:40. 
Legal  personal  representatives  of,  p. 

14:1;  p.  23:25;  p.  26:40;  p.  33:20. 
Name  indicated  on  work,  p.  14:35, 
Name  not  indicated  on  work,  p.  14 :40. 
Of  artistic  work,  when  not  cop>Tight 

owner,  p.  10:35. 
Of  collective  work,  p.  32:30. 
Of  essay,  article,  etc.,  published  in 

periodical,  p.  34,  footnote. 
Of  literary  work  protected   against 

unfair  use,  p.  11:10. 
Of  musical  work  assigned  before  act 

of  1911,  p.  23:25. 
Of  periodical  contribution,  p.  13:20. 
Of  photc^raph,  p.  24:30. 
Of  unpublished  work,  p.  9:20. 
Publication  or  performance  without 

consent  of,  p.  33:20. 
Republication  of  work  after  death  of, 

p.  12:15. 
License  for,  p.  12:30. 
Resident  in  British  pKieeeseion.    See 

Residence. 
Work  of  joint  authorship,  p.  19:20. 
Board  of  Trade: 

Reflations  for  deposit  of  copies,  p. 

19:1. 
Regulations   for  mechanical   instru- 
ments, p.  22:35. 
Regulations  for  payment  of  royalties, 

p.  12:25;  p.  22:10;  p.  22:35. 
Bodleian    Library.    Oxford,    delivery   of 

copy  to,  p.  18:20. 
Body  corporate: 

Owner   of  mechanical   instruments, 

p.  21:1. 
Owner  of  photograph,  p.  24:30. 
Book: 

Definition  of,  p.  19:10. 

Deposit  in  British  Museum  must  be 

complete,  p.  18:30. 
Deposit  of  foreign,  p.  30:1. 
Gratuitous  copies  for  libraries,  p.  31: 

30. 
Published  in  parts,  deposit  of  copies, 

p.  18:25. 
Publisher  must  deliver  one  copy  to 

British  Museum,  p.  18:10. 


Book — Continued . 

See  also  Literary  work. 
British  Museum .    Book  must  be  delivered 

to,  within  one  month,  p.  18:10. 
British  possessions: 

Application  of  act  of  1911  to,  p.  27:5. 
Definition  of  "self-governing  domin- 
ion, "  p.  33:15. 
First  publication  in,  p.  28:45. 
Importation  into,  p.  18:5. 
May  repeal  any  copyright  enactment, 

p.  27:35. 
See  also  Dominion. 
Building: 

Included  in  "architectiu-al  work  of 

art,  "p.  32:15. 
Infringement  of  copyright  in,  by  con- 
struction, p.  15:25. 
Paintings,  drawings,  etc.,  situate  in. 
See  Paintings. 
Cambridge  University  Library.     Deposit 

ofcopyfor,  p.  18:20. 
Canada,  p.  33:10. 
Cast: 

Author's  right  to  use,  p.  10:35. 
Included  in  "work  of  sculpture, "  p. 
32:10. 
Certificate  of  legislation  in  British  domin- 
ion, p.  27:30. 
Channel  Islands,  p.  34:15. 
Chart: 

Included  in  "book, "  p.  19:10. 
Included  in  "literary  work, "  p.  31:40. 
Choreographic  work  included  in   "dra- 
matic work,"  p.  32:5. 
Cinematograph: 

Definition  of,  p.  32:25. 

Production   included   in   "dramatic 

work,"  p.  32:5. 
Right  to  make  film,  p.  10:10. 
Civil  remedies  for  infringement,  p.  14:15. 
Collective  work: 

Assignment  of ,  p.  14:5. 
Definition  of,  p.  32:30. 
Publication  in,  of  passages  from  pub- 
lished literary  works,  p.  11:5. 
Colonies.    See  British  possessions. 
Common  law  rights: 

Abrogation  of,  p.  31:1. 
Included  in  "copyright,"  p.  35:5. 
Compilation  included  in  "literary  work," 

p.  31:40. 
Complaint,  owner  refuses  to  republish,  p. 
12:30. 


INDEX. 


47 


ConBtniction  of  architectural  work  of  art, 

p.  10:20;  p.  15:25. 
Contribution : 

To  periodical,   p.   13:15;  p.  34:  foot- 
note. 
To  work  of  joint  authorship,  p.  19:40. 
Contrivances  for  mechanical  instruments. 

See  Mechanical  instruments. 
Convention    for   international   copyright 

protection,  p.  29:30. 
Copies,  deposit  of.     See  Dep>08it. 
Copies,  infringing: 

Court  may  order  destruction,  p.  16:30. 
Definition  of,  p.  32:40. 
Property  of  owner  of  copyright,  p. 
15:5. 
Copyright : 

Common  law  rights,  p.  31:1;  p.  35:5. 

Definition  of,  p.  9:30;  p.  34:40. 

In  works  made  before  act  of  1911,  p. 

27:1. 
A  statutory  right,  p.  31:5. 
Corporation.    See  Body  corporate. 
Costs  shall  be  in  discretion  of  the  court, 

p.  14:25. 
Cotirt: 

Costs  are  in  discretion  of  the,  p.  14 :25. 
May  grant  search  warrant,  p.  42:15; 
p.  42:40. 
Court  of  summary  jurisdiction: 
Definition  of,  p.  44:5. 
May  authorize  seizure  of  infringing 
copies  of  musical  work,  p.. 40:25. 
Craftsmanship,     artistic.      See    Artistic 

craftsmanship. 
Criticism,  fair  use  of  work  for,  does  not 

constitute  infringement,  p.  10:30. 
Customs.     See  Importation. 
Cyprus,  copyright  protection  in,  p.  29:1. 
Damages: 

For  detention  of  copies  imported,  p. 

17:40. 
For  infringement,  owner  entitled  to, 
p.  14:20. 
Date  of  effect  of  act  of  1911,  p.  34:10. 
Definition : 

Of  "architectural  work  of  art,"  p. 

32:15. 
Of  "artistic  work,"  p.  32:10. 
Of  "book,"  p.  19:10. 
Of  "chief  officer  of  police,"  p.  43:35. 
Of  "cinematograph,"  p.  32:25. 
Of  "collective  work,"  p.  32:30. 


Definition — Continued . 

Of  "copyright,"  p.  9:30;  p.  34:40. 
Of  "court  of  summary  jurisdiction," 

p.  44:5. 
Of  "delivery,"  p.  33:1. 
Of  "dominion  to  which  this  act  ex- 
tends," p.  28:35. 
Of  "dramatic  work,"  p.  32:5. 
Of  "engravings,"  p.  32:20. 
Of  "infringing,"  p.  32:35. 
Of  "lecture,"  p.  33:10. 
Of  "literary  work,"  p.  31:40. 
Of  "musical  copyright,"  p.  41:5. 
Of  "musical  work,"  p.  43:20. 
Of  "performance,"  p.  32:40. 
Of  "performing  right,"  p.  35:5. 
Of  "photograph,"  p.  32:25. 
Of   "pirated  copies"  of   music,    p. 

43:15. 
Of  '  'pirated  musical  work, "  p.  41:20. 
Of  "plate,"  p.  33:5. 
Of   "plates"  for  musical    work,  p. 

43:25. 
Of  "publication,"  p.  10:15. 
Of    "self-governing    dominion,"    p. 

33:10. 
Of  "work  of  joint  authorship,"  p. 

19:40. 
Of  "work  of  sculpture,"  p.  32:10. 
Delivery,   mechanical.    See  Mechanical 

instruments. 
Delivery    of    copies.    See    Deposit    of 

copies. 
Delivery  of  lecture.    See  Lecture. 
Deposit  bf  copies: 

One   CQ^y,    within   one   month,    to 

British  Museum,  p.  18:10. 
Compensation  to  libraries  for  loss  of 

right  to,  p.  31:30. 
For  university  libraries  may  be  de- 
manded, p.  18:15. 
Of  foreign  books,  p.  30:1. 
Penalties  for  failure  to  deposit,  p. 
19:5. 
Design  of  artistic  work,  p.  10:40. 
Designs,  registration  of,  p.  24:40. 
Destruction: 

Of  infringing   copies   or   plates,    p. 

16:30. 
Of  unlawful  copies  of  musical  work, 
p.  40:30;  p.  41:5;  p.  43:10. 
Dictionary     included  '  in     "collective 
work,"  p.  32:30. 


48 


INDEX. 


Distribution: 

For  purposes  of  trade,  infringement 

of  copyright,  p.  11:35. 
Of  infringing  copies,  penalties  for, 
p.  16:1. 
Domicile.    See  Residence. 
Dominion  to  which  this  act  extends: 
Defined,  p.  28:35. 
Self-governing — 

Copyright  in,  p.  9:25. 
Definition  of,  p.  33:10. 
Date  of  effect  of  act  of  1911,  p. 
34:15. 
See  also  British  possessions. 
Dramatic  work: 

Copyright  in,  p.  9:15. 

Copyright  in,  a  statutory  right,   p. 

31:5. 
Definition  of,  p.  32:1. 
Definition     of    "performance,"     p. 

32:40. 
International  copyright,  p.  29:15. 
License  to  republish,  p.  12:30. 
Mechanical  performance  of,  right  to 

make  contrivances  for,  p.  10:10. 
Performance  in  public  does  not  con- 
stitute publication,  p.  10:20. 
Posthumous,  p.  20:5. 
Right  to  convert  into  novel  or  other 
nondramatic  work,  or  vice  versa, 
p.  10:5. 
Drawing: 

Fine  arts  copyright  act,  1862,  p.  37:5. 
Included    in    "artistic    work,"    p. 

32:10. 
Of  work  of  sculpture  or  artistic  crafts- 
manship or  architectural  work  of 
art,  p.  10:40. 
Dublin,     Trinity    College.    Deposit    of 

copies,  p.  18:20. 
Duration    of    copyright.    See    Term    of 

copyright. 
Edinburgh,  Advocates  Library.    Deposit 

of  copies  for,  p.  18:20. 
Edition,  second  or  subsequent,  p.  19:10. 
Educational  purposes,  publication  of  pas- 
sages from  literary  works  for,  p.  11:5. 
Employer,  owner  of  copyright,  p.  13:15. 
Encyclopediar. 

Deposit  of  copies,  written  demand 

for,  p.  18:25. 
Included  in "" collective  work,"  p. 

32:30. 
See  also  Book. 


Engravings: 

Contained  in  book,  p.  19:15. 
Definition  of,  p.  32:20. 
Included  in  "artistic  work,"  p.  32:10. 
Of  work  of  sculpture  or  artistic  crafts- 
manship or  architectural  work  of 
art,  p.  10:25:  p.  10:40. 
Ordered  made  for  valuable  considera- 
tion, ownership  of,  p.  13:5. 
Posthumous,  p.  20:5. 
Entertainment  in  dumb  show,  p.  32:5. 
Entertainment,  place  of.     See  Theater. 
Essay,  p.  34,  footnote. 
Etchings,  included  in  'engravings,"  p. 

32:20. 
Evidence,  prima  facie,  p.  20:20. 
Executors  of  author,  p.  33:20. 
Exhibition  in  public: 

Infringement  of  copyright,  p.  11:35; 

p.  16:5. 
Of  artistic  work,  does  not  constitute 
publication,  p.  10:20. 
Existing  works : 

Copyright  in,  p.  25:15;  p.  34:25. 
International  copyright,  p.  30:15. 
Exposure  for  sale  or  hire.    See  Exhibi- 
tion. 
Extract  from  published  work,  reading  or 

recitation  in  public,  p.  11:5;  p.  11:30. 
Fine  arts.    See  Artistic  work. 
First  publication.     See  Publication. 
Foreign  authors  first  publishing  in  British 

dominions, .p.  25:5. 
Foreign  country: 

Application  of  act  of  1911  to,  p.  9:25. 
Copyright  in  musical  work,  p.  23:45. 
Importation  of  works  manufactured 

in,  p.  27:30. 
Protection  of  British   works  in,   p. 

25:5. 
Works  first  published  in,  p.  29:10. 
Forfeiture: 

Of  imported  copies,  p.  17:15. 
Of  unlawful  copies  of  music,  p.  41:5; 
p.  43:10. 
Formalities: 

Order  in  council  may  provide,   p. 

30:5. 
See  oho  Deposit  of  copies;  Registra- 
tion. 
Government  publications,  copyright  in, 

p.  20:30. 
Grant.     See  Assignment. 
Hire,  importation  for,  p.  11:40. 


INDEX. 


49 


Hire,  let  for: 

Infringement  of  copyright,  p.  11:30. 
Penalties   for   infringing   copies,    p. 
15:40. 
Illustrations,  book  deposited  in  British 

Museum  must  contain  all,  p.  18:30. 
Imitation,  colorable,  p.  32:40. 
Imperial  copyright,  p.  9:10. 
Importation : 

Customs  consolidation  act,  1876,  p. 

17:10;  p.  39. 
Infringement  of  copyright,  p.  11:40; 

p.  32:40. 
Into  United  Kingdom  of  infringing 

copies,  p.  17:5. 
Of  translation,  p.  30:20. 
Penalties  for  unlawful,  p.  16:5. 
Regulations  by  Commissioners  of  Cus- 
toms, p.  17:15. 
Under  law  of  British  dominions,  p. 
27:30. 
Imprisonment: 

For   infringement   of   copyright,    p. 

16:15;  p.  16:25. 
For  printing  or  selling  pirated  music, 
p.  42:5.     • 
Industrial  designs,  p.  24:40. 
Infringement  of  copyright: 

By  importation,  p.  11:40;  p.  16:5. 
By  mechanical  instruments,  p.  24:20. 
Civil  remedies  for,  p.  14:15. 
Construction    of   building,    etc.,    p. 

15:25. 
Definition  of  "infringing,"  p.  32:35. 
Infringing  copies  become  property  of 

owner  of  copyright,  p.  15:5. 
Innocent  infringer,  p.  15:15. 
Limitation  of  action,  p.  15:35. 
Newspaper  report  of  political  address 

not  an,  p.  24:25. 
Not  implied  if  notice  of  reproduction 
after  certain  period  is  given,   p. 
12:15. 
Of  musical  works,  act  of  1902,  p.  40. 
Act  of  1906,  p.  41. 
By  mechanical  instruments,  p. 
21:5. 
Of  works  of  art,  p.  37:5. 
Penalties  for,  p.  15:40. 
Sell,    distribute,    exhibit,    etc.,    p. 

11:30. 
University  copyright,  p.  31:25. 
What  constitutes,  p.  10:25. 
What  does  not  constitute,  p.  10:30. 


Injunction: 

In  case  of  infringement,  p.  14:20. 
In    case    of   innocent  infringer,   p. 

15:15. 
Not  obtainable  for  infringing   con- 
struction of  building,  p.  15:25. 
Interdict.    See  Injunction. 
International  copyright,  p.  29:10. 

See  also  Foreign  country. 
Interpretation,  p.  31:40. 

See  also  Definition. 
Ireland,    appeal   in    copyright   suit,    p, 

16:40;  p.  42:35. 
Isle  of  Man,  p.  18:1. 
Joint  authorship: 

Defined,  p.  19:40. 
Married  woman,  p.  20:5. 
Posthumous  works,  p.  20:10. 
Term  of  copyright,  p.  19:20. 
Works  for  mechanical  reproduction, 
p.  22:25 
Judicial  Committee  of  Privy  Council  may 
order  grant  of  license  to  republish,  p. 
12:35. 
Jurisdiction  of  coiu-ts,   "Coiu^  of  sum- 
mary jiuisdiction "  in  case  of  musical 
infringement,  p.  40:25;  p.  42:40. 
Lecture: 

Definition  of  "delivery"  ^f,  p.  33:1. 
Delivery  in  public,  p.  10:20;  p.  33:20. 
Includes  address,  speech,  and  ser- 
mon, p.  33:10. 
Newspaper  report,  p.  11:15;  p.  24:25. 
Posthumous  work,  p.  20:10. 
Right  to  deliver,  p.  9:30. 
Let  for  hire.     See  Hire. 
Libraries: 

Gratuitous  copies  of  books  for,   p. 

31:30. 
See  also  Deposit  of  copies. 
License: 

Compulsory,  for  republication  or  per- 
formance, p.  12:40. 
Compulsory,  for  works  of  joint  au- 
thorship, p.  19:25. 
Owner  of  copyright  may  grant  right 
by,  p.  13:30. 
Limitation  of  action,  p.  15:35. 
Literary  work: 

Copyright  in,  secured,  p.  9:15. 
Copyright  in,  a  statutory  right,  p. 

31:5. 
International  copyright,  p.  29  15. 
Interpretation  of  term,  p.  31:40. 


50 


INDEX. 


Literary  work — Continued. 

License  to  republish,  p.  12:30. 
Mechanical  performance  of,  right  to 

make  contrivances  for,  p.  10:10. 
Posthumous  work,  p.  20:5. 
Publication  of  passages  from,  p.  11 :10. 
See  also  Book. 
Lithographs  included  in  "engravings," 

p.  32:20. 
London  Gazette: 

Notice    of   assigned    copyrights,    p. 

26:20. 
Notice  of  legislation  by  self-govern- 
ing dominion,  p.  27:20. 
Order  in  council  to  be  published  in 
p.  31:20. 
Magazine: 

Contribution  to,  p.  13:20;  p.  34,  foot- 
note. 
Deposit  of  copies,  p.  18:25. 
Included  in  "collective  work,"  p. 
32:30. 
Man,  Isle  of,  p.  18:1. 
Manufacture,  restrictions  in  legislation  of 

British  dominions,  p.  27:30. 
Manuscript  of  posthumous  work,  p.  20:20. 
Map: 

Included  in  expression  "book,"  p. 

19:10. 
Included    in    "literary    work,"    p. 
31:40. 
Maps,  book  deposited  in  British  Museum 

must  contain  all,  p.  18:30. 
Married  woman  as  joint  author,  p.  20:5. 
Material  form,  right  to  produce  in  any, 

p.  9:30. 
Matrix,  included  in  term  "plate,"  p.  33:5. 
Mechanical  instruments: 
Copyright  in,  p.  20:35. 
Delivery  of  lecture  by,  p.  33:1. 
Made  before  act  of  1911,  p.  24:5. 
Musical  works  assigned  before  act  of 

1911,  p.  23:20. 
Not   included   in   expressions    "pi- 
rated copies"  and  "plates,"  act  of 
1906,  p.  43:30. 
Notice  of  user  of  miisical  work  for,  p. 

21:15. 
Representation  by,  included  in  term 

"performance,"  p.  32:45. 
Right  to  make,  p.  10:15. 
Royalties,  p.  21:15;  p.  21:40. 
Term  of  copyright  in,  p.  20:40, 


Model  for  artistic  work: 

Author's  right  to  use,  p.  10:35. 
Included  in  "work  of  sculpture,"  p. 
32:10. 
Model  for  building  or  structure,  p.  32:15. 
Mould  for  artistic  work,  right  of  author  to 

use,  p.  10:35. 
Moving  pict  urea .    See  Cinematograph . 
Music,  sheet  of,  included  in  "book,"  p. 

19:10. 
"Musical  copyright, "  definitionof,p.  41:5. 
Musical  copyright  act,  1906,  p.  41:35. 
Musical    (summary    proceedings)    copy- 
right act,  1902,  p.  40:20. 
Musical  work: 

Assignment  of,  p.  23:20.   . 
Copyright  in,  secured,  p.  9:15. 
Copyright  in,   a  statutory  right,  p. 

31:5. 
Definition  of,  p.  41:15;  p.  43:20. 
Foreign  country,  p.  23:45. 
Infringement — 

Acts  of  1902  and  1906  remain  in 

force,  p.  16:35. 
Act  of  1902,  text,  p.  40:20. 
Act  of  1906,  text,  p.  41:35. 
By  mechanical  instruments,  p. 
21:5. 
International  copyright,  p.  29:15. 
License  to  republish,  p.  12:30. 
Mechanical  instruments  for  reproduc- 
tion of,  p.  20:35. 
Mechanical  performance  of,  right  to 

make  contrivances  for,  p.  10:10. 
Notice    of    intention    to    reproduce 

mechanically,  p.  21:15. 
Performance  in  public  does  not  con- 
stitute publication,  p.  10:20. 
Posthumous,  p.  20:5. 
Procedure  in  case  of  infringement, 

p.  40:20;  p.  42:40. 
Published  before  act  of  1911,  p.  23:1. 
Right  to  make  new  adaptation,  etc., 

p.  41:15. 
Royalties     for    mechanical     instru- 
ments, p.  21:40. 
Seizure  of  pirated  copies,  p.  40:25;  p. 

43:5. 
Words  included,  for  mechanical  re- 
production, p.  21:30. 
See  also  Mechanical  instruments;  Per- 
forated roll. 
Name  of  author,  p.  14:35. 


INDEX, 


51 


National  Library  of  Wales: 
Deposit  of  copies,  p.  18:25. 
Not  entitled  to  all  books  published, 
p.  18:40. 
Negative.    See  Photc^raph. 
New  Zealand,  p.  33:10. 
Newfoundland,  p.  33:15. 
Newspaper: 

Address  of  political  nature  may  be 

reported  in,  p.  24:25. 
Contribution  to,  p.  13:20. 
Deposit  of  copies,  p.  18:25. 
Included  in  "collective  work,"  p. 

32:30. 
Lecture  may  be  reported  in,  unless 

expressly  prohibited,  p.  11:15. 
Notice  to  be  published  in  London, 

p.  26:20. 
Summary  in,  does  not  constitute  in- 
fringement, p.  10:35. 
Notice: 

In  London  newspapers,  p.  26:20. 
Of  continued  publication  or  perform- 
ance of  assigned  works,  p.  25:45; 
p.  26:20. 
Of   detention  of   imported  articles, 

p.  17:40. 
Of  intention  to  reproduce  a  published 

work,  p.  12:15. 
Of  legislation  by  self-governing  do- 
minion, p.  27:20. 
To    prohibit    newspaper    report    of 
lecture,  p.  11:20. 
Notice  of  user: 

Board  of  Trade  may  make  regulations, 

p.  22:40. 
Of  musical  work  for  mechanical  re- 
production, p.  21:15. 
Novel,   right  to   convert   into  dramatic 

work  or  vice  versa,  p.  10:5. 
Omissions  from  musical  work,  p.  23:5. 
Order  in  Council : 

For  copyright  in  self-governing  do- 
minions, p.  28:5. 
Necessary  for  application  of  act  of 
1911  to  self-governing  dominions, 
p.  9:25. 
Relating  to  foreign  country,  mechan- 
ical reproduction  of  musical  work, 
p.  23:45. 
To  extend   act   of   1911   to   foreign 

country,  p.  29:10. 
To  extend  act  of   1911  to   British 
protectorates,  p.  29:1. 


Owner  of  copyright: 

Author  shall  be  first,  p.  13:1. 

Employer,  p.  13:15. 

Entitled    to    all    infringing    copies, 

p.  15:10. 
In  case  of  mechanical  instruments, 

p.  20:40. 
In  existing  works  assigned,  p.  25:40. 
In    music,    entitled    to    infringing 

copies,  p.  40:30. 
May  assign  copyright,  p.  13:25. 
Refusal  to  republish  or  allow  per- 
formance, p.  12:35. 
Owner  of  manuscript  of  posthumous  work, 

p.  20:20. 
Ownership: 

Law  of  foreign  country,  p.  30:10. 
Prima  facie,  p.  14:30. 
Oxford  University,  Bodleian  Library,  de 

livery  of  copy  to,  p.  18:20. 
Painting: 

Fine  arts   copyright   act,    1862,    p, 

37:5. 
Included  in  "artistic  work,"  p.  32:10. 
Of  work  of  sculpture  or  artistic  crafts- 
manship or  architectural  work  of 
art  publicly  exposed,  p.  10:40. 
Pamphlet,  included  in  "book,"  p.  19:10. 
Passages  from  published  literary  works. 

See  Extracts. 
Patents  and  designs  act,  1907,  p.  24:40. 
Penalties: 

Destruction  of  infringing  copies,  p. 

16:30. 
Fine  or  imprisonment,  p.  16:15;  p. 

16:25. 
For  being  in  possession   of  pirated 

music,  p.  41:40.' 
For  dealing  with  infringing  copies, 

etc.,  p.  15:40. 
For  failure  to  deposit  copies,  p.  19:5. 
For  fraudulent  works  of  art,  p.  37:20. 
See  also  Infringement. 
Perforated  roUs  for  mechanical   instru- 
ments: 
Copyright  in,  p.  20:35. 
Foreign  countrj-,  p.  24:1. 
Included  in  term  "plate,"  p.  33:5. 
Not       included       in      expressions 
"plates,"  or  "pirated  copies,"  p. 
43:30. 
Right  to  make,  p.  10:10. 
Made  prior  to  act  of  1911,  p.  24:5. 


52 


INDEX. 


Performance: 

Definition  of,  p.  32:40;  p.  33:20. 
In  public,  does  not  constitute  publi- 
cation, p.  10:20. 
Mechanical.    See  Mechanical  instru- 
ments. 
Of  work  assigned  before  act  of  1911, 

p.  26:5. 
Right  to  convert  work  into  dramatic 

work  by  way  of,  p.  10:10. 
Right  to  perform,  p.  9:30. 
Performing  right  defined,  p.  35:5. 
Periodical,      included     in      "collective 

work,"  p.  32:30. 
Periodical  contributions,  p.  13:20;  p.  34, 

footnote. 
Photograph : 

Author  of,  p.  24:30. 

Definition  of,  p.  32:20. 

Fine  arts  copyright  act,  1862,  p.  37:5. 

Included  in  "artistic  work,"  p.  32:10. 

Not  included  in   "engravings,"   p. 

32:20. 
Of  sculpture  or  architectural  works, 
issue  of  does  not  constitute  publi- 
cation, p.  10:25. 
Of  work  of  sculpture  or  artistic  crafts- 
manship or  architectural  work  of 
art  publicly  exposed,  p.  10:40. 
Ordered  made  for  valuable  consider- 
ation, ownership  of,  p.  13:5. 
Term  of  copyright  in,  p.  24:30. 
Photo-lithograph,    included   in    "photo- 
graph," p.  32:25. 
Piracy.    See  Infringement. 
Plan: 

For  artistic  work,  author's  right  to 

use,  p.  10:35. 
Included  in  expression  "book,"  p. 

19:10. 
Included  in  "literary  work,"  p. 31:40. 
Plates: 

Definition  of,  p.  33:1;  p.  43:25. 

For   infringing    copies,    p.    15:5;  p. 

16:30. 
For  mechanical  instruments,  p.  20:40. 
For  printing  or  reproducing  pirated 
music,  penalty  for  owning,  p.  42:1. 
Of    engraving,   photograph    or    por- 
trait, ownership  of,  p.  13:5. 
Political  address,  newspaper  report  of,  p. 

24:25. 
Portrait  ordered  made  for  valuable  con- 
sideration, ownership  of,  p.  13:5. 
Posthumous  works,  p.  20:5. 


Prima  facie  ownership,  p.  14:30;  p.  20:20. 
Prints: 

Contained  in  book,  p.  19:15. 
Included  in  "engravings,"  p.  32:20. 
Privy  council,  judicial  committee  of  the, 

may  grant  license,  p.  12:35. 
Proclamation   in   British   possession,    p. . 

34:20. 
Produce,  right  to,  p.  9:30. 
Proof.    See  Evidence. 
Proprietor  of  copyright.     See  Owner. 
Proprietor  of  work  when  author's  name 

is  not  stated,  p.  14:40. 
Protectorates,  British,  extension  of  act  of 

1911  to,  p.  29:1. 
Public  reading  or  recitation  of  extract 
from  published  work  allowed,  p.  11:30. 
Publication: 

Definition  of,  p.  10:15;  p.  33:20. 
First,  in  British  dominions  copyright 
secured,  p.  9:20. 
Of  works  of  foreign  authors,  p. 

25:5. 
Supplemental     l^slation,      p. 
28:45. 
First,  in  foreign  country,  p.  29:10. 
Of  passages  from  published  literary 

work,  p.  11 :5. 
Of  report  of  lecture  publicly  deliv- 
ered, p.  11:15. 
Simultaneous,  or  first,  p.  33:25. 
Published  work: 

CopjTight  secured,  p.  9:20. 
May  be  reproduced  after  25  or  30 
years  under  certain  conditions,  p. 
12:10. 
Publisher: 

Liable  for  failure  to  deposit,  p.  19:5. 
Must  deliver  copy  to  British  Museum, 

p.  18:10. 
Of  collective  work  for  schools,  p.  11:5. 
Owner,  when  author's  name  is  not 
indicated,  p.  14:40. 
Reading  in  public,   extract  from   pub- 
lished work,  p.  11:30. 
Receipt  for  copy  delivered   to   British 

Museum,  p.  18:10. 
Reciprocal  protection  in  British  posses- 
sions and  foreign  countries,  p.  28:10; 
p.  29:30. 
Recitation: 

Of  extract  from  published  work,  p. 

11:30. 
Piece  for,  included  in  dramatic  work, 
p.  32:5. 


INDEX. 


53 


Records  for  mechanical  instruments: 
Copyright  in,  p.  20:35. 
Foreign  country,  p.  24:1. 
Included  in  term  "plate,"  p.  33:5. 
Not    included    in    the    expressions 
"pirated    copies"    and    "plates," 
p.  43:30. 
Made  before  act  of  1911,  p.  24:5. 
Right  to  make,  p.  10:10. 
Registration  of  designs,  p.  24:40. 
Regulations: 

By  Board  of  Trade— 

For  deposit  of  copies,  p.  19:1. 
For  mechanical  instruments,  p. 

22:35. 
For  royalties,  p.  12:20;  p.  22:10. 
By  Commissioner  of  Customs  for  im- 
portation, p.  17:15. 
For  reprodiiction   and   royalties,   p. 
12:25. 
Remedies: 

Civil,  for  infringement,  p.  14:15. 
For  enforcing  rights  in  British  do- 
minions, p.  27:30. 
Repeal  by  legislature  of  self-governing 

dominion,  p.  27:35. 
Repealed  acts,  p.  34:1;  p.  35:10. 
Report  of  lecture.    See  Lecture. 
Representation: 

By  means  of  mechanical  instrument, 
included  in  term  "performance," 
p.  32:45. 
See  also  Performance. 
Representatives  of  author: 

In  case  of  assignment,  p.  23:25. 
Included  in  term  "author, "  p.  26:40. 
Reversionary  interest  to,  p.  14:1. 
Reproduce,  right  to,  p.  9:30. 
Research,  fair  use  of  work  for,  does  not 

constitute  infringement,  p.  10:30. 
Residence  or  resident: 

Definition  of,  p.  33:45. 
In   British   dominions,    p.    9:20;    p. 
25:10;  p.  27:20;  p.  28:10;  p.  28:40. 
In  foreign  country,  p.  29:20. 
In  case  of  unpublished  work,  p.  33:40. 
Of  body  corporate,  p.  24:35. 
Review: 

Deposit  of  copies,  p.  18:25. 

Essay  or  article  published  in,  p.  34, 

footnote. 
Fair  use  of  work  for  purposes  of,  p. 

10:30. 
Included  in  "collective  work,"  p. 
32:30. 


Roll,  perforated.    See  Perforated  roll. 
Royalties: 

For    mechanical    reproduction,     p. 

21:15;  p.  21:40. 
For  music  published  prior  to  act  of 

1911,  p.  23:10. 
For  republishing  copyright  work,  p. 

12:20. 
For  works  assigned  before  act  of  1911, 
p.  26:10. 
Sale: 

Importation  for,  p.  11:40. 
Infringement  of  copyright  by  ill^al, 

p.  11:30. 
Penalties  for  unlawful,  p.  15:40. 
Schools,  publication  of  extracts  for  use  of, 

p.  11:5. 
Scotland,   appeal  in  copyright  suit,   p. 

16:40. 
Sculpture,  work  of: 

Included    in    "artistic    work,"    p. 

32:10. 
Includes  casts  and  models,  p.  32:10. 
Issue  of  photographs  and  engravings 
does  not  constitute  publication,  p. 
10:25. 
Making  or  publishing  of  paintings, 
etc.,  of,  when  publicly  exposed,  p. 
10:45. 
Seizure: 

Of  pirated  copies  of  music,  p.  40:25. 
Of  unlawful  copies  of  musical  work, 

and  plates,  p.  43:5. 
See  also  Infringement. 
Self-governing    dominion.    See     British 

possessions. 
Sermon  included  in  "  lecture, "  p.  33:10. 
Sheet  of  letter-press  included  in  expres- 
sion "book,"  p.  19:10. 
Sheet  of  music  included  in  expression 

"book,"  p.  19:10. 
Simultaneous  publication,  p.  33:25. 

See  also  Publication,  first. 
Sketch  for  artistic  work,  author's  right  to 

use,  p.  10:35. 
Speech  included  in  "lecture,"  p.  33:10. 
Statutory  right,  p.  31:5. 

See  also  Common  law  right. 
Stereotype  plate,  p.  33:1. 
Structure.     See  Building. 
Study  for  artistic  work,  author's  right  to 

use,  p.  10:40. 
Subject-matter  of  copyright:     Literary, 
dramatic,'  musical  and  artistic  work,  p. 
I    .9:15. 


54 


INDEX. 


Substituted  right: 

Sec.  24,  act  of  1911.  p.  25:20. 
First  schedule,  p.  34:25. 
Summary,  newspaper,  p.  10:35. 
Summary  remedies,  p.  15:40. 
Table: 

Included  in  expression  "book,"  p. 

19:10. 
Included  in  "literary  work,"  p.  31:40. 
Term  of  copyright: 

General,  life  of  author  and  50  years 

after  his  death,  p.  12:10. 
In  existing  works,  p.  25:20. 
In  existing  works  assigned,  p.  26:5. 
In  mechanical  contrivances,  p.  20:40. 
In  photographs,  p.  24:30. 
In  posthumous  works,  p.  20:5. 
In  work  acquired  by  assignment,  p. 

13:40. 
In  work  of  joint  authorship,  p.  19:20. 
International  copyright,  p.  29:40. 
Mechanical    contrivances,    royalties 

for,  p.  22:10. 
PubUshed  work,  25  or  30  years  after 
author's  death  may  be  reproduced 
on  payment  of  royalties,  p.  12:15. 
Publisher  of  collective  work  cannot 
take  more  than  two  extracts  from 
same  author  within  five  years,  p. 
11:10. 
Theatre,  performance  in,  without  consent 

of  copyright  owner,  p.  12:5. 
Title  describing  works  for  use  in  schools, 

p.  11:5. 
Trade,  to  distribute  for  purposes  of,  p. 
11:35. 


Translation: 

Production    or    importation    of,    p. 

30:20. 
Right  to  produce,    reproduce,    per- 
form, or  publish,  p.  10:5. 
Trinity  College,  Dublin,  deposit  of  copies, 

p.  18:20. 
Union  of  South  Africa,  p.  33:15. 
University  copyright,  p.  31:25. 
Unpublished  work: 

By   British  subject  or  resident,    p. 

9:20;  p.  33:40. 
Copyright  in,   a  statutory  right,   p. 

31:5. 
Right  to  publish,  p.  10:1. 
Wales,   National  Library  of,   deposit  of 

copies,  p.  18:25;  p.  18:40. 
Warrant: 

Not  required  for  seizure  of  infringing 

copies  of  music,  p.  40:30. 
Not  required  for  arrest  of  infringer  of 

music,  p.  42:15. 
Search,  may  be  granted  by  court, 
p.  42:40. 
Will,  assignment  made  by,  p.  13:40. 
Woman,    married,    as    joint    author,    p. 

20:5. 
Wood-cuts    included    in    "engravings," 

p.  32:20. 
Words  of  musical  work,  p.  21:30. 
Work    of    joint    authorship.     See    Joint 

authorship. 
Work  of  sculpture.    See  Sculpture. 
Year  book  included  in  "collective  work," 
p.  32:30. 


o 


